[Congressional Record (Bound Edition), Volume 146 (2000), Part 7]
[Senate]
[Pages 9738-9761]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

        NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2001

                                 ______
                                 

                JOHNSON (AND OTHERS) AMENDMENT NO. 3191

  Mr. JOHNSON (for himself, Mr. McCain, Mr. Bingaman, Mrs. Murray, Mr. 
Reid, Mr. Jeffords, Mr. Dorgan, Mr. Robb, and Mr. Wellstone) proposed 
an amendment to the bill (S. 2549) to authorize appropriations for 
fiscal year 2001 for military activities of the Department of Defense, 
for military construction, and for defense activities of the Department 
of Energy, to prescribe personnel strengths for such fiscal year for 
the Armed Forces, and for other purposes; as follows:

       On page 241, strike line 17 and all that follows through 
     page 243, line 19, and insert the following:

     SEC. 703. HEALTH CARE FOR MILITARY RETIREES.

       (a) Findings.--Congress makes the following findings:
       (1) No statutory health care program existed for members of 
     the uniformed services who entered service prior to June 7, 
     1956, and retired after serving a minimum of 20 years or by 
     reason of a service-connected disability.
       (2) Recruiters for the uniformed services are agents of the 
     United States government and employed recruiting tactics that 
     allowed members who entered the uniformed services prior to 
     June 7, 1956, to believe they would be entitled to fully-paid 
     lifetime health care upon retirement.
       (3) Statutes enacted in 1956 entitled those who entered 
     service on or after June 7, 1956, and retired after serving a 
     minimum of 20 years or by reason of a service-connected 
     disability, to medical and dental care in any facility of the 
     uniformed services, subject to the availability of space and 
     facilities and the capabilities of the medical and dental 
     staff.
       (4) After 4 rounds of base closures between 1988 and 1995 
     and further drawdowns of remaining military medical treatment 
     facilities, access to ``space available'' health care in a 
     military medical treatment facility is virtually nonexistent 
     for many military retirees.
       (5) The military health care benefit of ``space available'' 
     services and Medicare is no longer a fair and equitable 
     benefit as compared to benefits for other retired Federal 
     employees.
       (6) The failure to provide adequate health care upon 
     retirement is preventing the retired members of the uniformed 
     services from recommending, without reservation, that young 
     men and women make a career of any military service.
       (7) The United States should establish health care that is 
     fully paid by the sponsoring agency under the Federal 
     Employees Health Benefits program for members who entered 
     active duty on or prior to June 7, 1956, and who subsequently 
     earned retirement.
       (8) The United States should reestablish adequate health 
     care for all retired members of the uniformed services that 
     is at least equivalent to that provided to other retired 
     Federal employees by extending to such retired members of the 
     uniformed services the option of coverage under the Federal 
     Employees Health Benefits program, the Civilian Health and 
     Medical Program of the uniformed services, or the TRICARE 
     Program.
       (b) Coverage of Military Retirees Under FEHBP.--
       (1) Earned coverage for certain retirees and dependents.--
     Chapter 89 of title 5, United States Code, is amended--
       (A) in section 8905, by adding at the end the following new 
     subsection:
       ``(h) For purposes of this section, the term `employee' 
     includes a retired member of the uniformed services (as 
     defined in section 101(a)(5) of title 10) who began service 
     before June 7, 1956. A surviving widow or widower of such a 
     retired member may also enroll in an approved health benefits 
     plan described by section 8903 or 8903a of this title as an 
     individual.''; and

[[Page 9739]]

       (B) in section 8906(b)--
       (i) in paragraph (1), by striking ``paragraphs (2) and 
     (3)'' and inserting ``paragraphs (2) through (5)''; and
       (ii) by adding at the end the following new paragraph:
       ``(5) In the case of an employee described in section 
     8905(h) or the surviving widow or widower of such an 
     employee, the Government contribution for health benefits 
     shall be 100 percent, payable by the department from which 
     the employee retired.''.
       (2) Coverage for other retirees and dependents.--(A) 
     Section 1108 of title 10, United States Code, is amended to 
     read as follows:

     ``Sec. 1108. Health care coverage through Federal Employees 
       Health Benefits program

       ``(a) FEHBP Option.--The Secretary of Defense, after 
     consulting with the other administering Secretaries, shall 
     enter into an agreement with the Office of Personnel 
     Management to provide coverage to eligible beneficiaries 
     described in subsection (b) under the health benefits plans 
     offered through the Federal Employees Health Benefits program 
     under chapter 89 of title 5.
       ``(b) Eligible Beneficiaries; Coverage.--(1) An eligible 
     beneficiary under this subsection is--
       ``(A) a member or former member of the uniformed services 
     described in section 1074(b) of this title;
       ``(B) an individual who is an unremarried former spouse of 
     a member or former member described in section 1072(2)(F) or 
     1072(2)(G);
       ``(C) an individual who is--
       ``(i) a dependent of a deceased member or former member 
     described in section 1076(b) or 1076(a)(2)(B) of this title 
     or of a member who died while on active duty for a period of 
     more than 30 days; and
       ``(ii) a member of family as defined in section 8901(5) of 
     title 5; or
       ``(D) an individual who is--
       ``(i) a dependent of a living member or former member 
     described in section 1076(b)(1) of this title; and
       ``(ii) a member of family as defined in section 8901(5) of 
     title 5.
       ``(2) Eligible beneficiaries may enroll in a Federal 
     Employees Health Benefit plan under chapter 89 of title 5 
     under this section for self-only coverage or for self and 
     family coverage which includes any dependent of the member or 
     former member who is a family member for purposes of such 
     chapter.
       ``(3) A person eligible for coverage under this subsection 
     shall not be required to satisfy any eligibility criteria 
     specified in chapter 89 of title 5 (except as provided in 
     paragraph (1)(C) or (1)(D)) as a condition for enrollment in 
     health benefits plans offered through the Federal Employees 
     Health Benefits program under this section.
       ``(4) For purposes of determining whether an individual is 
     a member of family under paragraph (5) of section 8901 of 
     title 5 for purposes of paragraph (1)(C) or (1)(D), a member 
     or former member described in section 1076(b) or 
     1076(a)(2)(B) of this title shall be deemed to be an employee 
     under such section.
       ``(5) An eligible beneficiary who is eligible to enroll in 
     the Federal Employees Health Benefits program as an employee 
     under chapter 89 of title 5 is not eligible to enroll in a 
     Federal Employees Health Benefits plan under this section.
       ``(6) An eligible beneficiary who enrolls in the Federal 
     Employees Health Benefits program under this section shall 
     not be eligible to receive health care under section 1086 or 
     section 1097. Such a beneficiary may continue to receive 
     health care in a military medical treatment facility, in 
     which case the treatment facility shall be reimbursed by the 
     Federal Employees Health Benefits program for health care 
     services or drugs received by the beneficiary.
       ``(c) Change of Health Benefits Plan.--An eligible 
     beneficiary enrolled in a Federal Employees Health Benefits 
     plan under this section may change health benefits plans and 
     coverage in the same manner as any other Federal Employees 
     Health Benefits program beneficiary may change such plans.
       ``(d) Government Contributions.--The amount of the 
     Government contribution for an eligible beneficiary who 
     enrolls in a health benefits plan under chapter 89 of title 5 
     in accordance with this section may not exceed the amount of 
     the Government contribution which would be payable if the 
     electing beneficiary were an employee (as defined for 
     purposes of such chapter) enrolled in the same health 
     benefits plan and level of benefits.
       ``(e) Separate Risk Pools.--The Director of the Office of 
     Personnel Management shall require health benefits plans 
     under chapter 89 of title 5 to maintain a separate risk pool 
     for purposes of establishing premium rates for eligible 
     beneficiaries who enroll in such a plan in accordance with 
     this section.''.
       (B) The item relating to section 1108 at the beginning of 
     such chapter is amended to read as follows:

``1108. Health care coverage through Federal Employees Health Benefits 
              program.''.

       (C) The amendments made by this paragraph shall take effect 
     on January 1, 2001.
       (c) Extension of Coverage of CHAMPUS.--Section 1086 of 
     title 10, United States Code, is amended--
       (1) in subsection (c), by striking ``Except as provided in 
     subsection (d), the'', and inserting ``The'';
       (2) by striking subsection (d); and
       (3) by redesignating subsections (e) through (h) as 
     subsections (d) through (g), respectively.
                                 ______
                                 

                       KERREY AMENDMENT NO. 3192

  (Ordered to lie on the table.)
  Mr. KERREY submitted an amendment intended to be proposed by him to 
the bill, S. 2549, supra; as follows:

       On page 200, following line 23, add the following:

     SEC. 566. PREPARATION, PARTICIPATION, AND CONDUCT OF ATHLETIC 
                   COMPETITIONS AND SMALL ARMS COMPETITIONS BY THE 
                   NATIONAL GUARD AND MEMBERS OF THE NATIONAL 
                   GUARD.

       (a) Preparation and Participation of Members Generally.--
     Subsection (a) of section 504 of title 32, United States 
     Code, is amended--
       (1) by striking ``or'' at the end of paragraph (2);
       (2) in paragraph (3)--
       (A) by inserting ``prepare for and'' before 
     ``participate''; and
       (B) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:
       ``(4) prepare for and participate in qualifying athletic 
     competitions.''.
       (b) Conduct of Competitions.--That section is further 
     amended by adding at the end the following new subsection:
       ``(c)(1) Units of the National Guard may conduct small arms 
     competitions and athletic competitions in conjunction with 
     training required under this chapter if such activities would 
     meet the requirements set forth in paragraphs (1), (3), and 
     (4) of section 508(a) of this title if such activities were 
     services to be provided under that section.
       ``(2) Facilities and equipment of the National Guard, 
     including military property and vehicles described in section 
     508(c) of this title, may be used in connection with 
     activities under paragraph (1).''.
       (c) Availability of Funds.--That section is further amended 
     by adding at the end the following new subsection:
       ``(d) Subject to provisions of appropriations Acts, amounts 
     appropriated for the National Guard may be used in order to 
     cover the costs of activities under subsection (c) and of 
     expenses of members of the National Guard under paragraphs 
     (3) and (4) of subsection (a), including expenses of 
     attendance and participation fees, travel, per diem, 
     clothing, equipment, and related expenses.''.
       (d) Qualifying Athletic Competitions Defined.--That section 
     is further amended by adding at the end the following new 
     subsection:
       ``(e) In this section, the term `qualifying athletic 
     competition' means a competition in athletic events that 
     require skills relevant to military duties or involve aspects 
     of physical fitness that are evaluated by the armed forces in 
     determining whether a member of the National Guard is fit for 
     military duty.''.
       (e) Conforming and Clerical Amendments.--(1) The section 
     heading of such section is amended to read as follows:

     ``Sec. 504. National Guard schools; small arms competitions; 
       athletic competitions''.

       (2) The table of sections at the beginning of chapter 5 of 
     that title is amended by striking the item relating to 
     section 504 and inserting the following new item:

``504. National Guard schools; small arms competitions; athletic 
              competitions.''.
                                 ______
                                 

                   BINGAMAN AMENDMENTS NOS. 3193-3195

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted three amendments intended to be proposed by 
him to the bill, S. 2549, supra; as follows:

                           Amendment No. 3193

       At the end of title X, insert the following:

     SEC. 10__. CONGRESSIONAL MEDALS FOR NAVAJO CODE TALKERS.

       (a) Findings.--Congress finds that--
       (1) on December 7, 1941, the Japanese Empire attacked Pearl 
     Harbor and war was declared by Congress on the following day;
       (2) the military code developed by the United States for 
     transmitting messages had been deciphered by the Japanese, 
     and a search was made by United States Intelligence to 
     develop new means to counter the enemy;
       (3) the United States Government called upon the Navajo 
     Nation to support the military effort by recruiting and 
     enlisting 29 Navajo men to serve as Marine Corps Radio 
     Operators;
       (4) the number of Navajo enlistees later increased to more 
     than 350;
       (5) at the time, the Navajos were often treated as second-
     class citizens, and they were a people who were discouraged 
     from using their own native language;
       (6) the Navajo Marine Corps Radio Operators, who became 
     known as the ``Navajo

[[Page 9740]]

     Code Talkers'', were used to develop a code using their 
     native language to communicate military messages in the 
     Pacific;
       (7) to the enemy's frustration, the code developed by these 
     Native Americans proved to be unbreakable, and was used 
     extensively throughout the Pacific theater;
       (8) the Navajo language, discouraged in the past, was 
     instrumental in developing the most significant and 
     successful military code of the time;
       (9) at Iwo Jima alone, the Navajo Code Talkers passed more 
     than 800 error-free messages in a 48-hour period;
       (10) use of the Navajo Code was so successful, that--
       (A) military commanders credited it in saving the lives of 
     countless American soldiers and in the success of the 
     engagements of the United States in the battles of 
     Guadalcanal, Tarawa, Saipan, Iwo Jima, and Okinawa;
       (B) some Code Talkers were guarded by fellow Marines, whose 
     role was to kill them in case of imminent capture by the 
     enemy; and
       (C) the Navajo Code was kept secret for 23 years after the 
     end of World War II;
       (11) following the conclusion of World War II, the 
     Department of Defense maintained the secrecy of the Navajo 
     Code until it was declassified in 1968; and
       (12) only then did a realization of the sacrifice and valor 
     of these brave Native Americans emerge from history.
       (b) Congressional Medals Authorized.--To express 
     recognition by the United States and its citizens in honoring 
     the Navajo Code Talkers, who distinguished themselves in 
     performing a unique, highly successful communications 
     operation that greatly assisted in saving countless lives and 
     hastening the end of World War II in the Pacific, the 
     President is authorized--
       (1) to award to each of the original 29 Navajo Code 
     Talkers, or a surviving family member, on behalf of the 
     Congress, a gold medal of appropriate design, honoring the 
     Navajo Code Talkers; and
       (2) to award to each person who qualified as a Navajo Code 
     Talker (MOS 642), or a surviving family member, on behalf of 
     the Congress, a silver medal of appropriate design, honoring 
     the Navajo Code Talkers.
       (c) Design and Striking.--For purposes of the awards 
     authorized by subsection (b), the Secretary of the Treasury 
     (in this section referred to as the ``Secretary'') shall 
     strike gold and silver medals with suitable emblems, devices, 
     and inscriptions, to be determined by the Secretary.
       (d) Duplicate Medals.--The Secretary may strike and sell 
     duplicates in bronze of the medals struck pursuant to this 
     section, under such regulations as the Secretary may 
     prescribe, and at a price sufficient to cover the costs 
     thereof, including labor, materials, dies, use of machinery, 
     and overhead expenses, and the cost of the medals.
       (e) National Medals.--The medals struck pursuant to this 
     section are national medals for purposes of chapter 51, of 
     title 31, United States Code.
       (f) Authority To Use Fund Amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund, not more than $30,000, to pay for the costs of the 
     medals authorized by this section.
       (g) Proceeds of Sale.--Amounts received from the sale of 
     duplicate medals under this section shall be deposited in the 
     United States Mint Public Enterprise Fund.
                                  ____


                           Amendment No. 3194

       On page 236, between lines 6 and 7, insert the following:

     SEC. 646. EQUITABLE APPLICATION OF EARLY RETIREMENT 
                   ELIGIBILITY REQUIREMENTS TO MILITARY RESERVE 
                   TECHNICIANS.

       (a) Technicians Covered by FERS.--Paragraph (1) of section 
     8414(c) of title 5, United States Code, is amended by 
     striking ``after becoming 50 years of age and completing 25 
     years of service'' and inserting ``after completing 25 years 
     of service or after becoming 50 years of age and completing 
     20 years of service''.
       (b) Technicians Covered by CSRS.--Section 8336 of title 5, 
     United States Code, is amended by adding at the end the 
     following new subsection:
       ``(p) Section 8414(c) of this title applies--
       ``(1) under paragraph (1) of such section to a military 
     reserve technician described in that paragraph for purposes 
     of determining entitlement to an annuity under this 
     subchapter; and
       ``(2) under paragraph (2) of such section to a military 
     technician (dual status) described in that paragraph for 
     purposes of determining entitlement to an annuity under this 
     subchapter.''.
       (c) Technical Amendment.--Section 1109(a)(2) of Public Law 
     105-261 (112 Stat. 2143) is amended by striking ``adding at 
     the end'' and inserting ``inserting after subsection (n)''.
       (d) Applicability.--Subsection (c) of section 8414 of such 
     title (as amended by subsection (a)), and subsection (p) of 
     section 8336 of title 5, United States Code (as added by 
     subsection (b)), shall apply according to the provisions 
     thereof with respect to separations from service referred to 
     in such subsections that occur on or after October 5, 1999.
                                  ____


                           Amendment No. 3195

       On page 53, after line 23, add the following:

     SEC. 243. ENHANCEMENT OF AUTHORITIES REGARDING EDUCATION 
                   PARTNERSHIPS FOR PURPOSES OF ENCOURAGING 
                   SCIENTIFIC STUDY.

       (a) Assistance in Support of Partnerships.--Subsection (b) 
     of section 2194 of title 10, United States Code, is amended--
       (1) in the matter preceding paragraph (1), by inserting ``, 
     and is encouraged to provide,'' after ``may provide'';
       (2) in paragraph (1), by inserting before the semicolon the 
     following: ``for any purpose and duration in support of such 
     agreement that the director considers appropriate''; and
       (3) by striking paragraph (2) and inserting the following 
     new paragraph (2):
       ``(2) notwithstanding the provisions of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     471 et seq.) or any provision of law or regulation relating 
     to transfers of surplus property, transferring to the 
     institution any defense laboratory equipment (regardless of 
     the nature of type of such equipment) surplus to the needs of 
     the defense laboratory that is determined by the director to 
     be appropriate for support of such agreement;''.
       (b) Defense Laboratory Defined.--Subsection (e) of that 
     section is amended to read as follows:
       ``(e) In this section:
       ``(1) The term `defense laboratory' means any laboratory, 
     product center, test center, depot, training and educational 
     organization, or operational command under the jurisdiction 
     of the Department of Defense.
       ``(2) The term `local educational agency' has the meaning 
     given such term in section 14101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8801).''.
                                 ______
                                 

                BINGAMAN (AND MURRAY) AMENDMENT NO. 3196

  (Ordered to lie on the table.)
  Mr. BINGAMAN (for himself and Mrs. Murray) submitted an amendment 
intended to be proposed by them to the bill, S. 2549, supra; as 
follows:

       On page 239, following line 22, add the following:

     SEC. 656. ADDITIONAL BENEFITS AND PROTECTIONS FOR PERSONNEL 
                   INCURRING INJURY, ILLNESS, OR DISEASE IN THE 
                   PERFORMANCE OF FUNERAL HONORS DUTY.

       (a) Incapacitation Pay.--Section 204 of title 37, United 
     States Code, is amended--
       (1) in subsection (g)(1)--
       (A) by striking ``or'' at the end of subparagraph (C);
       (B) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(E) in line of duty while--
       ``(i) serving on funeral honors duty under section 12503 of 
     this title or section 115 of title 32;
       ``(ii) traveling to or from the place at which the duty was 
     to be performed; or
       ``(iii) remaining overnight at or in the vicinity of that 
     place immediately before so serving, if the place is outside 
     reasonable commuting distance from the member's residence.''; 
     and
       (2) in subsection (h)(1)--
       (A) by striking ``or'' at the end of subparagraph (C);
       (B) by striking the period at the end of subparagraph (D) 
     and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(E) in line of duty while--
       ``(i) serving on funeral honors duty under section 12503 of 
     this title or section 115 of title 32;
       ``(ii) traveling to or from the place at which the duty was 
     to be performed; or
       ``(iii) remaining overnight at or in the vicinity of that 
     place immediately before so serving, if the place is outside 
     reasonable commuting distance from the member's residence.''.
       (b) Tort Claims.--Section 2671 of title 28, United States 
     Code, is amended by inserting ``115,'' in the second 
     paragraph after ``members of the National Guard while engaged 
     in training or duty under section''.
       (c) Applicability.--(1) The amendments made by subsection 
     (a) shall apply with respect to months beginning on or after 
     the date of the enactment of this Act.
       (2) The amendment made by subsection (b) shall apply with 
     respect to acts and omissions occurring before, on, or after 
     the date of the enactment of this Act.
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 3197

  (Ordered to lie on the table.)
  Mr. McCAIN (for himself, Mr. Levin, Mr. Robb, Mr. Voinovich, Mr. 
Reed, Mr. DeWine, and Mr. Wyden) submitted an amendment to be proposed 
by them to the bill, S. 2549, supra; as follows:

       On page 530, after line 21, add the following:

     SEC. 2822. AUTHORITY TO CARRY OUT BASE CLOSURE ROUNDS IN 2003 
                   AND 2005.

       (a) Commission Matters.--
       (1) Appointment.--Subsection (c)(1) of section 2902 of the 
     Defense Base Closure and Realignment Act of 1990 (part A of 
     title XXIX

[[Page 9741]]

     of Public Law 101-510; 10 U.S.C. 2687 note) is amended--
       (A) in subparagraph (B)--
       (i) by striking ``and'' at the end of clause (ii);
       (ii) by striking the period at the end of clause (iii) and 
     inserting a semicolon; and
       (iii) by adding at the end the following new clauses (iv) 
     and (v):
       ``(iv) by no later than January 24, 2003, in the case of 
     members of the Commission whose terms will expire at the end 
     of the first session of the 108th Congress; and
       ``(v) by no later than March 15, 2005, in the case of 
     members of the Commission whose terms will expire at the end 
     of the first session of the 109th Congress.''; and
       (B) in subparagraph (C), by striking ``or for 1995 in 
     clause (iii) of such subparagraph'' and inserting ``, for 
     1995 in clause (iii) of that subparagraph, for 2003 in clause 
     (iv) of that subparagraph, or for 2005 in clause (v) of that 
     subparagraph''.
       (2) Meetings.--Subsection (e) of that section is amended by 
     striking ``and 1995'' and inserting ``1995, 2003, and 2005''.
       (3) Staff.--Subsection (i)(6) of that section is amended in 
     the matter preceding subparagraph (A) by striking ``and 
     1994'' and inserting ``, 1994, and 2004''.
       (4) Funding.--Subsection (k) of that section is amended by 
     adding at the end the following new paragraph (4):
       ``(4) If no funds are appropriated to the Commission by the 
     end of the second session of the 107th Congress for the 
     activities of the Commission in 2003 or 2005, the Secretary 
     may transfer to the Commission for purposes of its activities 
     under this part in either of those years such funds as the 
     Commission may require to carry out such activities. The 
     Secretary may transfer funds under the preceding sentence 
     from any funds available to the Secretary. Funds so 
     transferred shall remain available to the Commission for such 
     purposes until expended.''.
       (5) Termination.--Subsection (l) of that section is amended 
     by striking ``December 31, 1995'' and inserting ``December 
     31, 2005''.
       (b) Procedures.--
       (1) Force-structure plan.--Subsection (a)(1) of section 
     2903 of that Act is amended by striking ``and 1996,'' and 
     inserting ``1996, 2004, and 2006,''.
       (2) Selection criteria.--Subsection (b) of such section 
     2903 is amended--
       (A) in paragraph (1), by inserting ``and by no later than 
     December 31, 2001, for purposes of activities of the 
     Commission under this part in 2003 and 2005,'' after 
     ``December 31, 1990,'';
       (B) in paragraph (2)(A)--
       (i) in the first sentence, by inserting ``and by no later 
     than February 15, 2002, for purposes of activities of the 
     Commission under this part in 2003 and 2005,'' after 
     ``February 15, 1991,''; and
       (ii) in the second sentence, by inserting ``, or enacted on 
     or before March 31, 2002, in the case of criteria published 
     and transmitted under the preceding sentence in 2001'' after 
     ``March 15, 1991''; and
       (C) by adding at the end a new paragraph:
       ``(3) Any selection criteria proposed by the Secretary 
     relating to the cost savings or return on investment from the 
     proposed closure or realignment of a military installation 
     shall be based on the total cost and savings to the Federal 
     Government that would result from the proposed closure or 
     realignment of such military installation.''.
       (3) Department of defense recommendations.--Subsection (c) 
     of such section 2903 is amended--
       (A) in paragraph (1), by striking ``and March 1, 1995,'' 
     and inserting ``March 1, 1995, March 14, 2003, and May 16, 
     2005,'';
       (B) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively;
       (C) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4)(A) In making recommendations to the Commission under 
     this subsection in any year after 1999, the Secretary shall 
     consider any notice received from a local government in the 
     vicinity of a military installation that the government would 
     approve of the closure or realignment of the installation.
       ``(B) Notwithstanding the requirement in subparagraph (A), 
     the Secretary shall make the recommendations referred to in 
     that subparagraph based on the force-structure plan and final 
     criteria otherwise applicable to such recommendations under 
     this section.
       ``(C) The recommendations made by the Secretary under this 
     subsection in any year after 1999 shall include a statement 
     of the result of the consideration of any notice described in 
     subparagraph (A) that is received with respect to an 
     installation covered by such recommendations. The statement 
     shall set forth the reasons for the result.''; and
       (D) in paragraph (7), as so redesignated--
       (i) in the first sentence, by striking ``paragraph (5)(B)'' 
     and inserting ``paragraph (6)(B)''; and
       (ii) in the second sentence, by striking ``24 hours'' and 
     inserting ``48 hours''.
       (4) Commission review and recommendations.--Subsection (d) 
     of such section 2903 is amended--
       (A) in paragraph (2)(A), by inserting ``or by no later than 
     July 7 in the case of recommendations in 2003, or no later 
     than September 8 in the case of recommendations in 2005,'' 
     after ``pursuant to subsection (c),'';
       (B) in paragraph (4), by inserting ``or after July 7 in the 
     case of recommendations in 2003, or after September 8 in the 
     case of recommendations in 2005,'' after ``under this 
     subsection,''; and
       (C) in paragraph (5)(B), by inserting ``or by no later than 
     June 7 in the case of such recommendations in 2003 and 
     2005,'' after ``such recommendations,''.
       (5) Review by president.--Subsection (e) of such section 
     2903 is amended--
       (A) in paragraph (1), by inserting ``or by no later than 
     July 22 in the case of recommendations in 2003, or no later 
     than September 23 in the case of recommendations in 2005,'' 
     after ``under subsection (d),'';
       (B) in the second sentence of paragraph (3), by inserting 
     ``or by no later than August 18 in the case of 2003, or no 
     later than October 20 in the case of 2005,'' after ``the year 
     concerned,''; and
       (C) in paragraph (5), by inserting ``or by September 3 in 
     the case of recommendations in 2003, or November 7 in the 
     case of recommendations in 2005,'' after ``under this 
     part,''.
       (c) Closure and Realignment of Installations.--Section 
     2904(a) of that Act is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following new 
     paragraph (3):
       ``(3) carry out the privatization in place of a military 
     installation recommended for closure or realignment by the 
     Commission in each such report after 1999 only if 
     privatization in place is a method of closure or realignment 
     of the installation specified in the recommendation of the 
     Commission in such report and is determined to be the most-
     cost effective method of implementation of the 
     recommendation;''.
       (d) Relationship to Other Base Closure Authority.--Section 
     2909(a) of that Act is amended by striking ``December 31, 
     1995,'' and inserting ``December 31, 2005,''.
       (e) Technical and Clarifying Amendments.--
       (1) Commencement of period for notice of interest in 
     property for homeless.--Section 2905(b)(7)(D)(ii)(I) of that 
     Act is amended by striking ``that date'' and inserting ``the 
     date of publication of such determination in a newspaper of 
     general circulation in the communities in the vicinity of the 
     installation under subparagraph (B)(i)(IV)''.
       (2) Other clarifying amendments.--
       (A) That Act is further amended by inserting ``or 
     realignment'' after ``closure'' each place it appears in the 
     following provisions:
       (i) Section 2905(b)(3).
       (ii) Section 2905(b)(5).
       (iii) Section 2905(b)(7)(B)(iv).
       (iv) Section 2905(b)(7)(N).
       (v) Section 2910(10)(B).
       (B) That Act is further amended by inserting ``or 
     realigned'' after ``closed'' each place in appears in the 
     following provisions:
       (i) Section 2905(b)(3)(C)(ii).
       (ii) Section 2905(b)(3)(D).
       (iii) Section 2905(b)(3)(E).
       (iv) Section 2905(b)(4)(A).
       (v) Section 2905(b)(5)(A).
       (vi) Section 2910(9).
       (vii) Section 2910(10).
       (C) Section 2905(e)(1)(B) of that Act is amended by 
     inserting ``, or realigned or to be realigned,'' after 
     ``closed or to be closed''.
                                 ______
                                 

                  REID (AND OTHERS) AMENDMENT NO. 3198

  (Ordered to lie on the table.)
  Mr. REID (for himself, Mr. Inouye, Ms. Landrieu, Mr. Johnson, Mr. 
Daschle, Mr. McCain, Mr. Dorgan, Mr. Bryan, and Mr. Conrad) submitted 
an amendment intended to be proposed by them to the bill, S. 2549, 
supra; as follows:

       At the appropriate place in title VI, insert the following:

     SEC. __. CONCURRENT PAYMENT OF RETIRED PAY AND COMPENSATION 
                   FOR RETIRED MEMBERS WITH SERVICE-CONNECTED 
                   DISABILITIES.

       (a) Concurrent Payment.--Section 5304(a) of title 38, 
     United States Code, is amended by adding at the end the 
     following new paragraph:
       ``(3) Notwithstanding the provisions of paragraph (1) and 
     section 5305 of this title, compensation under chapter 11 of 
     this title may be paid to a person entitled to receive 
     retired or retirement pay described in such section 5305 
     concurrently with such person's receipt of such retired or 
     retirement pay.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act, 
     and apply with respect to payments of compensation for months 
     beginning on or after that date.
       (c) Prohibition on Retroactive Benefits.--No benefits shall 
     be paid to any person by virtue of the amendment made by 
     subsection (a) for any period before the effective date of 
     this Act as specified in subsection (b).
                                 ______
                                 

                        BIDEN AMENDMENT NO. 3199

  (Ordered to lie on the table.)
  Mr. BIDEN submitted an amendment intended to be proposed by him to 
the bill (S. 2549), supra; as follows:


[[Page 9742]]

       At the appropriate place, insert the following:

                  DIVISION __--VIOLENCE AGAINST WOMEN

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Violence 
     Against Women Act II''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Accountability and oversight.

TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

Sec. 101. Full faith and credit enforcement of protection orders.
Sec. 102. Role of courts.
Sec. 103. Reauthorization of STOP grants.
Sec. 104. Reauthorization of grants to encourage arrest policies.
Sec. 105. Reauthorization of rural domestic violence and child abuse 
              enforcement grants.
Sec. 106. National stalker and domestic violence reduction.
Sec. 107. Amendments to domestic violence and stalking offenses.
Sec. 108. Grants to reduce violent crimes against women on campus.

        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

Sec. 201. Legal assistance for victims.
Sec. 202. Shelter services for battered women and children.
Sec. 203. Transitional housing assistance for victims of domestic 
              violence.
Sec. 204. National domestic violence and sexual assault hotline.
Sec. 205. Federal victims counselors.
Sec. 206. Study of State laws regarding insurance discrimination 
              against victims of violence against women.
Sec. 207. Study of workplace effects from violence against women.
Sec. 208. Study of unemployment compensation for victims of violence 
              against women.
Sec. 209. Enhancing protections for older women from domestic violence 
              and sexual assault.

        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

Sec. 301. Safe havens for children pilot program.
Sec. 302. Reauthorization of runaway and homeless youth grants.
Sec. 303. Reauthorization of victims of child abuse programs.
Sec. 304. Report on effects of parental kidnapping laws in domestic 
              violence cases.

   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                             AGAINST WOMEN

Sec. 401. Education and training in appropriate responses to violence 
              against women.
Sec. 402. Rape prevention and education.
Sec. 403. Education and training to end violence against and abuse of 
              women with disabilities.
Sec. 404. Community initiatives.
Sec. 405. Development of research agenda identified by the Violence 
              Against Women Act of 1994.

                   TITLE V--BATTERED IMMIGRANT WOMEN

Sec. 501. Short title.
Sec. 502. Findings and purposes.
Sec. 503. Improved access to immigration protections of the Violence 
              Against Women Act of 1994 for battered immigrant women.
Sec. 504. Improved access to cancellation of removal and suspension of 
              deportation under the Violence Against Women Act of 1994.
Sec. 505. Offering equal access to immigration protections of the 
              Violence Against Women Act of 1994 for all qualified 
              battered immigrant self-petitioners.
Sec. 506. Restoring immigration protections under the Violence Against 
              Women Act of 1994.
Sec. 507. Remedying problems with implementation of the immigration 
              provisions of the Violence Against Women Act of 1994.
Sec. 508. Technical correction to qualified alien definition for 
              battered immigrants.
Sec. 509. Protection for certain crime victims including crimes against 
              women.
Sec. 510. Access to Cuban Adjustment Act for battered immigrant spouses 
              and children.
Sec. 511. Access to the Nicaraguan Adjustment and Central American 
              Relief Act for battered spouses and children.
Sec. 512. Access to the Haitian Refugee Fairness Act of 1998 for 
              battered spouses and children.
Sec. 513. Access to services and legal representation for battered 
              immigrants.

       TITLE VI--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND

Sec. 601. Extension of Violent Crime Reduction Trust Fund.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``domestic violence'' has the meaning given 
     the term in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2); 
     and
       (2) the term ``sexual assault'' has the meaning given the 
     term in section 2003 of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2).

     SEC. 3. ACCOUNTABILITY AND OVERSIGHT.

       (a) Report by Grant Recipients.--The Attorney General or 
     Secretary of Health and Human Services, as applicable, shall 
     require grantees under any program authorized or reauthorized 
     by this Act or an amendment made by this Act to report on the 
     effectiveness of the activities carried out with amounts made 
     available to carry out that program, including number of 
     persons served, if applicable, numbers of persons seeking 
     services who could not be served and such other information 
     as the Attorney General or Secretary may prescribe.
       (b) Report to Congress.--The Attorney General or Secretary 
     of Health and Human Services, as applicable, shall report 
     annually to the Committees on the Judiciary of the House of 
     Representatives and the Senate on the grant programs 
     described in subsection (a), including the information 
     contained in any report under that subsection.

TITLE I--STRENGTHENING LAW ENFORCEMENT TO REDUCE VIOLENCE AGAINST WOMEN

     SEC. 101. FULL FAITH AND CREDIT ENFORCEMENT OF PROTECTION 
                   ORDERS.

       (a) In General.--Part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et 
     seq.) is amended--
       (1) in the heading, by adding ``AND ENFORCEMENT OF 
     PROTECTION ORDERS'' at the end;
       (2) in section 2101(b)--
       (A) in paragraph (6), by inserting ``(including juvenile 
     courts)'' after ``courts''; and
       (B) by adding at the end the following:
       ``(7) To provide technical assistance and computer and 
     other equipment to police departments, prosecutors, courts, 
     and tribal jurisdictions to facilitate the widespread 
     enforcement of protection orders, including interstate 
     enforcement, enforcement between States and tribal 
     jurisdictions, and enforcement between tribal 
     jurisdictions.''; and
       (3) in section 2102--
       (A) in subsection (b)--
       (i) in paragraph (1), by striking ``and'' at the end;
       (ii) in paragraph (2), by striking the period at the end 
     and inserting ``, including the enforcement of protection 
     orders from other States and jurisdictions (including tribal 
     jurisdictions);''; and
       (iii) by adding at the end the following:
       ``(3) have established cooperative agreements or can 
     demonstrate effective ongoing collaborative arrangements with 
     neighboring jurisdictions to facilitate the enforcement of 
     protection orders from other States and jurisdictions 
     (including tribal jurisdictions); and
       ``(4) will give priority to using the grant to develop and 
     install data collection and communication systems, including 
     computerized systems, and training on how to use these 
     systems effectively to link police, prosecutors, courts, and 
     tribal jurisdictions for the purpose of identifying and 
     tracking protection orders and violations of protection 
     orders, in those jurisdictions where such systems do not 
     exist or are not fully effective.''; and
       (B) by adding at the end the following:
       ``(c) Dissemination of Information.--The Attorney General 
     shall annually compile and broadly disseminate (including 
     through electronic publication) information about successful 
     data collection and communication systems that meet the 
     purposes described in this section. Such dissemination shall 
     target States, State and local courts, Indian tribal 
     governments, and units of local government.''.
       (b) Protection Orders.--
       (1) Filing costs.--Section 2006 of part T of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-5) is amended--
       (A) in the heading, by striking ``filing'' and inserting 
     ``and protection orders'' after ``charges'';
       (B) in subsection (a)--
       (i) by striking paragraph (1) and inserting the following:
       ``(1) certifies that its laws, policies, and practices do 
     not require, in connection with the prosecution of any 
     misdemeanor or felony domestic violence offense, or in 
     connection with the filing, issuance, registration, or 
     service of a protection order, or a petition for a protection 
     order, to protect a victim of domestic violence, stalking, or 
     sexual assault, that the victim bear the costs associated 
     with the filing of criminal charges against the offender, or 
     the costs associated with the filing, issuance, registration, 
     or service of a warrant, protection order, petition for a 
     protection order, or witness subpoena, whether issued inside 
     or outside the State, tribal, or local jurisdiction; or''; 
     and
       (ii) in paragraph (2)(B), by striking ``2 years'' and 
     inserting ``2 years after the date of enactment of the 
     Violence Against Women Act II''; and

[[Page 9743]]

       (C) by adding at the end the following:
       ``(c) Definition.--In this section, the term `protection 
     order' has the meaning given the term in section 2266 of 
     title 18, United States Code.''.
       (2) Eligibility for grants to encourage arrest policies.--
     Section 2101 of part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is 
     amended--
       (A) in subsection (c), by striking paragraph (4) and 
     inserting the following:
       ``(4) certify that their laws, policies, and practices do 
     not require, in connection with the prosecution of any 
     misdemeanor or felony domestic violence offense, or in 
     connection with the filing, issuance, registration, or 
     service of a protection order, or a petition for a protection 
     order, to protect a victim of domestic violence, stalking, or 
     sexual assault, that the victim bear the costs associated 
     with the filing of criminal charges against the offender, or 
     the costs associated with the filing, issuance, registration, 
     or service of a warrant, protection order, petition for a 
     protection order, or witness subpoena, whether issued inside 
     or outside the State, tribal, or local jurisdiction.''; and
       (B) by adding at the end the following:
       ``(d) Definition.--In this section, the term `protection 
     order' has the meaning given the term in section 2266 of 
     title 18, United States Code.''.
       (3) Application for grants to encourage arrest policies.--
     Section 2102(a)(1)(B) of part U of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh-
     1(a)(1)(B)) is amended by inserting before the semicolon the 
     following: ``or, in the case of the condition set forth in 
     subsection 2101(c)(4), the expiration of the 2-year period 
     beginning on the date of enactment of the Violence Against 
     Women Act II''.
       (4) Registration for protection orders.--Section 2265 of 
     title 18, United States Code, is amended by adding at the end 
     the following:
       ``(d) Registration.--
       ``(1) In general.--A State or Indian tribe according full 
     faith and credit to an order by a court of another State or 
     Indian tribe shall not notify the party against whom a 
     protection order has been issued that the protection order 
     has been registered or filed in that enforcing State or 
     tribal jurisdiction unless requested to do so by the party 
     protected under such order.
       ``(2) No prior registration or filing required.--Any 
     protection order that is otherwise consistent with this 
     section shall be accorded full faith and credit, 
     notwithstanding any requirement that the order be registered 
     or filed in the enforcing State or tribal jurisdiction.
       ``(e) Notice.--A protection order that is otherwise 
     consistent with this section shall be accorded full faith and 
     credit and enforced notwithstanding the failure to provide 
     notice to the party against whom the order is made of its 
     registration or filing in the enforcing State or Indian 
     tribe.
       ``(f) Tribal Court Jurisdiction.--For purposes of this 
     section, a tribal court shall have full civil jurisdiction 
     over domestic relations actions, including authority to 
     enforce its orders through civil contempt proceedings, 
     exclusion of violators from Indian lands, and other 
     appropriate mechanisms, in matters arising within the 
     authority of the tribe and in which at least 1 of the parties 
     is an Indian.''.
       (c) Technical Amendment.--The table of contents for title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended in the item relating to part 
     U, by adding ``and Enforcement of Protection Orders'' at the 
     end.

     SEC. 102. ROLE OF COURTS.

       (a) Courts as Eligible STOP Subgrantees.--Part T of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796gg et seq.) is amended--
       (1) in section 2001--
       (A) in subsection (a), by striking ``Indian tribal 
     governments,'' and inserting ``State and local courts 
     (including juvenile courts), Indian tribal governments, 
     tribal courts,''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by inserting ``, judges, other court 
     personnel,'' after ``law enforcement officers'';
       (ii) in paragraph (2), by inserting ``, judges, other court 
     personnel,'' after ``law enforcement officers''; and
       (iii) in paragraph (3), by inserting ``, court,'' after 
     ``police''; and
       (2) in section 2002--
       (A) in subsection (a), by inserting ``State and local 
     courts (including juvenile courts),'' after ``States,'' the 
     second place it appears;
       (B) in subsection (c), by striking paragraph (3) and 
     inserting the following:
       ``(3) of the amount granted--
       ``(A) not less than 25 percent shall be allocated to police 
     and not less than 25 percent shall be allocated to 
     prosecutors;
       ``(B) not less than 30 percent shall be allocated to victim 
     services; and
       ``(C) not less than 5 percent shall be allocated for State 
     and local courts (including juvenile courts); and''; and
       (C) in subsection (d)(1), by inserting ``court,'' after 
     ``law enforcement,''.
       (b) Eligible Grantees; Use of Grants for Education.--
     Section 2101 of part U of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh) is 
     amended--
       (1) in subsection (a), by inserting ``State and local 
     courts (including juvenile courts), tribal courts,'' after 
     ``Indian tribal governments,'';
       (2) in subsection (b)--
       (A) by inserting ``State and local courts (including 
     juvenile courts),'' after ``Indian tribal governments'';
       (B) in paragraph (2), by striking ``policies and'' and 
     inserting ``policies, educational programs, and'';
       (C) in paragraph (3), by inserting ``parole and probation 
     officers,'' after ``prosecutors,''; and
       (D) in paragraph (4), by inserting ``parole and probation 
     officers,'' after ``prosecutors,'';
       (3) in subsection (c), by inserting ``State and local 
     courts (including juvenile courts),'' after ``Indian tribal 
     governments''; and
       (4) by adding at the end the following:
       ``(e) Allotment for Indian Tribes.--Not less than 5 percent 
     of the total amount made available for grants under this 
     section for each fiscal year shall be available for grants to 
     Indian tribal governments.''.

     SEC. 103. REAUTHORIZATION OF STOP GRANTS.

       (a) Reauthorization.--Section 1001(a) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)) is amended by striking paragraph (18) and inserting 
     the following:
       ``(18) There is authorized to be appropriated from the 
     Violent Crime Reduction Trust Fund established under section 
     310001 of the Violent Crime Control and Law Enforcement Act 
     of 1994 (42 U.S.C. 14211) to carry out part T $185,000,000 
     for each of fiscal years 2001 through 2005.''.
       (b) Grant Purposes.--Part T of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg et 
     seq.) is amended--
       (1) in section 2001--
       (A) in subsection (b)--
       (i) in paragraph (5), by striking ``racial, cultural, 
     ethnic, and language minorities'' and inserting ``underserved 
     populations'';
       (ii) in paragraph (6), by striking ``and'' at the end;
       (iii) in paragraph (7), by striking the period at the end 
     and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(8) supporting formal and informal statewide, 
     multidisciplinary efforts, to the extent not supported by 
     State funds, to coordinate the response of State law 
     enforcement agencies, prosecutors, courts, victim services 
     agencies, and other State agencies and departments, to 
     violent crimes against women, including the crimes of sexual 
     assault and domestic violence.''; and
       (B) by adding at the end the following:
       ``(c) State Coalition Grants.--
       ``(1) Purpose.--The Attorney General shall award grants to 
     each State domestic violence coalition and sexual assault 
     coalition for the purposes of coordinating State victim 
     services activities, and collaborating and coordinating with 
     Federal, State, and local entities engaged in violence 
     against women activities.
       ``(2) Grants to state coalitions.--The Attorney General 
     shall award grants to--
       ``(A) each State domestic violence coalition, as determined 
     by the Secretary of Health and Human Services through the 
     Family Violence Prevention and Services Act (42 U.S.C. 10410 
     et seq.); and
       ``(B) each State sexual assault coalition, as determined by 
     the Center for Injury Prevention and Control of the Centers 
     for Disease Control and Prevention under the Public Health 
     Service Act (42 U.S.C. 280b et seq.).
       ``(3) Eligibility for other grants.--Receipt of an award 
     under this subsection by each State domestic violence and 
     sexual assault coalition shall not preclude the coalition 
     from receiving additional grants under this part to carry out 
     the purposes described in subsection (b).'';
       (2) in section 2002(b)--
       (A) by redesignating paragraphs (2) and (3) as paragraphs 
     (4) and (5), respectively;
       (B) in paragraph (1), by striking ``4 percent'' and 
     inserting ``5 percent'';
       (C) in paragraph (4), as redesignated, by striking 
     ``$500,000'' and inserting ``$600,000''; and
       (D) by inserting after paragraph (1) the following:
       ``(2) 2.5 percent shall be available for grants for State 
     domestic violence coalitions under section 2001(c), with the 
     coalition for each State, the coalition for the District of 
     Columbia, the coalition for the Commonwealth of Puerto Rico, 
     and the coalition for the combined Territories of the United 
     States, each receiving an amount equal to \1/53\ of the total 
     amount made available under this paragraph for each fiscal 
     year;
       ``(3) 2.5 percent shall be available for grants for State 
     sexual assault coalitions under section 2001(c), with the 
     coalition for each State, the coalition for the District of 
     Columbia, the coalition for the Commonwealth of Puerto Rico, 
     and the coalition for the combined Territories of the United 
     States, each receiving an amount equal to \1/53\ of the total 
     amount made available under this paragraph for each fiscal 
     year;'';
       (3) in section 2003--
       (A) in paragraph (7), by striking ``geographic location'' 
     and all that follows through ``physical disabilities'' and 
     inserting

[[Page 9744]]

     ``race, ethnicity, age, disability, religion, alienage 
     status, language barriers, geographic location (including 
     rural isolation), and any other populations determined to be 
     underserved''; and
       (B) in paragraph (8), by striking ``assisting domestic 
     violence or sexual assault victims through the legal 
     process'' and inserting ``providing assistance for victims 
     seeking necessary support services as a consequence of 
     domestic violence or sexual assault''; and
       (4) in section 2004(b)(3), by inserting ``, and the 
     membership of persons served in any underserved population'' 
     before the semicolon.

     SEC. 104. REAUTHORIZATION OF GRANTS TO ENCOURAGE ARREST 
                   POLICIES.

       Section 1001(a) of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by 
     striking paragraph (19) and inserting the following:
       ``(19) There is authorized to be appropriated from the 
     Violent Crime Reduction Trust Fund established under section 
     310001 of the Violent Crime Control and Law Enforcement Act 
     of 1994 (42 U.S.C. 14211) to carry out part U $65,000,000 for 
     each of fiscal years 2001 through 2005.''.

     SEC. 105. REAUTHORIZATION OF RURAL DOMESTIC VIOLENCE AND 
                   CHILD ABUSE ENFORCEMENT GRANTS.

       (a) Reauthorization.--Section 40295(c) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 13971(c)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--There is authorized to be appropriated 
     from the Violent Crime Reduction Trust Fund established under 
     section 310001 to carry out this section $40,000,000 for each 
     of fiscal years 2001 through 2005.''; and
       (2) by adding at the end the following:
       ``(3) Allotment for indian tribes.--Not less than 5 percent 
     of the total amount made available to carry out this section 
     for each fiscal year shall be available for grants to Indian 
     tribal governments.''.

     SEC. 106. NATIONAL STALKER AND DOMESTIC VIOLENCE REDUCTION.

       (a) Reauthorization.--Section 40603 of the Violence Against 
     Women Act of 1994 (42 U.S.C. 14032) is amended to read as 
     follows:

     ``SEC. 40603. AUTHORIZATION OF APPROPRIATIONS.

       ``There is authorized to be appropriated from the Violent 
     Crime Reduction Trust Fund established under section 310001 
     to carry out this subtitle $3,000,000 for each of fiscal 
     years 2001 through 2005.''.
       (b) Technical Amendment.--Section 40602(a) of the Violence 
     Against Women Act of 1994 (42 U.S.C. 14031 note) is amended 
     by inserting ``and implement'' after ``improve''.

     SEC. 107. AMENDMENTS TO DOMESTIC VIOLENCE AND STALKING 
                   OFFENSES.

       (a) Interstate Domestic Violence.--Section 2261 of title 
     18, United States Code, is amended by striking subsection (a) 
     and inserting the following:
       ``(a) Offenses.--
       ``(1) Travel or conduct of offender.--A person who travels 
     in interstate or foreign commerce or enters or leaves Indian 
     country with the intent to kill, injure, harass, or 
     intimidate a spouse or intimate partner, and who, in the 
     course of or as a result of such travel, commits or attempts 
     to commit a crime of violence against that spouse or intimate 
     partner, shall be punished as provided in subsection (b).
       ``(2) Causing travel of victim.--A person who causes a 
     spouse or intimate partner to travel in interstate or foreign 
     commerce or to enter or leave Indian country by force, 
     coercion, duress, or fraud, and who, in the course of, as a 
     result of, or to facilitate such conduct or travel, commits 
     or attempts to commit a crime of violence against that spouse 
     or intimate partner, shall be punished as provided in 
     subsection (b).''.
       (b) Interstate Stalking.--Section 2261A of title 18, United 
     States Code, is amended to read as follows:

     ``Sec. 2261A. Interstate stalking

       ``Whoever--
       ``(1) with the intent to kill, injure, harass, or 
     intimidate another person, engages within the special 
     maritime and territorial jurisdiction of the United States in 
     conduct that places that person in reasonable fear of the 
     death of, or serious bodily injury (as defined in section 
     2266) to, that person or a member of the immediate family (as 
     defined in section 115) of that person; or
       ``(2) with the intent to kill, injure, harass, or 
     intimidate another person, travels in interstate or foreign 
     commerce, or enters or leaves Indian country, and, in the 
     course of or as a result of such travel, engages in conduct 
     that places that person in reasonable fear of the death of, 
     or serious bodily injury (as defined in section 2266) to, 
     that person or a member of the immediate family (as defined 
     in section 115) of that person,

     shall be punished as provided in section 2261(b).''.
       (c) Interstate Violation of Protection Order.--Section 2262 
     of title 18, United States Code, is amended by striking 
     subsection (a) and inserting the following:
       ``(a) Offenses.--
       ``(1) Travel or conduct of offender.--A person who travels 
     in interstate or foreign commerce, or enters or leaves Indian 
     country, with the intent to engage in conduct that violates 
     the portion of a protection order that prohibits or provides 
     protection against violence, threats, or harassment against, 
     contact or communication with, or physical proximity to, 
     another person, or that would violate such a portion of a 
     protection order in the jurisdiction in which the order was 
     issued, and subsequently engages in such conduct, shall be 
     punished as provided in subsection (b).
       ``(2) Causing travel of victim.--A person who causes 
     another person to travel in interstate or foreign commerce or 
     to enter or leave Indian country by force, coercion, duress, 
     or fraud, and in the course of, as a result of, or to 
     facilitate such conduct or travel engages in conduct that 
     violates the portion of a protection order that prohibits or 
     provides protection against violence, threats, or harassment 
     against, contact or communication with, or physical proximity 
     to, another person, or that would violate such a portion of a 
     protection order in the jurisdiction in which the order was 
     issued, shall be punished as provided in subsection (b).''.
       (d) Definitions.--Section 2266 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 2266. Definitions

       ``In this chapter:
       ``(1) Bodily injury.--The term `bodily injury' means any 
     act, except one done in self-defense, that results in 
     physical injury or sexual abuse.
       ``(2) Enter or leave indian country.--The term `enter or 
     leave Indian country' includes leaving the jurisdiction of 1 
     tribal government and entering the jurisdiction of another 
     tribal government.
       ``(3) Indian country.--The term `Indian country' has the 
     meaning stated in section 1151 of this title.
       ``(4) Protection order.--The term `protection order' 
     includes any injunction or other order issued for the purpose 
     of preventing violent or threatening acts or harassment 
     against, or contact or communication with or physical 
     proximity to, another person, including any temporary or 
     final order issued by a civil and criminal court (other than 
     a support or child custody order issued pursuant to State 
     divorce and child custody laws) whether obtained by filing an 
     independent action or as a pendente lite order in another 
     proceeding so long as any civil order was issued in response 
     to a complaint, petition, or motion filed by or on behalf of 
     a person seeking protection.
       ``(5) Serious bodily injury.--The term `serious bodily 
     injury' has the meaning stated in section 2119(2).
       ``(6) Spouse or intimate partner.--The term `spouse or 
     intimate partner' includes--
       ``(A) a spouse, a former spouse, a person who shares a 
     child in common with the abuser, and a person who cohabits or 
     has cohabited with the abuser as a spouse; and
       ``(B) any other person similarly situated to a spouse who 
     is protected by the domestic or family violence laws of the 
     State or tribal jurisdiction in which the injury occurred or 
     where the victim resides.
       ``(7) State.--The term `State' includes a State of the 
     United States, the District of Columbia, a commonwealth, 
     territory, or possession of the United States.
       ``(8) Travel in interstate or foreign commerce.--The term 
     `travel in interstate or foreign commerce' does not include 
     travel from 1 State to another by an individual who is a 
     member of an Indian tribe and who remains at all times in the 
     territory of the Indian tribe of which the individual is a 
     member.''.

     SEC. 108. GRANTS TO REDUCE VIOLENT CRIMES AGAINST WOMEN ON 
                   CAMPUS.

       Section 826 of the Higher Education Amendments of 1998 (20 
     U.S.C. 1152) is amended--
       (1) in subsection (f)(1), by inserting ``by a person with 
     whom the victim has engaged in a social relationship of a 
     romantic or intimate nature,'' after ``cohabited with the 
     victim,''; and
       (2) in subsection (g), by striking ``fiscal year 1999 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years'' and inserting ``each of fiscal years 2001 
     through 2005''.

        TITLE II--STRENGTHENING SERVICES TO VICTIMS OF VIOLENCE

     SEC. 201. LEGAL ASSISTANCE FOR VICTIMS.

       (a) In General.--The purpose of this section is to enable 
     the Attorney General to award grants to increase the 
     availability of legal assistance necessary to provide 
     effective aid to victims of domestic violence, stalking, or 
     sexual assault who are seeking relief in legal matters 
     arising as a consequence of that abuse or violence, at 
     minimal or no cost to the victims.
       (b) Definitions.--In this section:
       (1) Domestic violence.--The term ``domestic violence'' has 
     the meaning given the term in section 2003 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-2).
       (2) Legal assistance for victims.--The term ``legal 
     assistance'' includes assistance to victims of domestic 
     violence, stalking, and sexual assault in family, criminal, 
     immigration, administrative, or housing matters, protection 
     or stay away order proceedings, and other similar matters. No 
     funds made available under this section may be used to 
     provide financial assistance in support of

[[Page 9745]]

     any litigation described in paragraph (14) of section 504 of 
     Public Law 104-134.
       (3) Sexual assault.--The term ``sexual assault'' has the 
     meaning given the term in section 2003 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796gg-2).
       (c) Legal Assistance for Victims Grants.--The Attorney 
     General may award grants under this subsection to private 
     nonprofit entities, Indian tribal governments, and publicly 
     funded organizations not acting in a governmental capacity 
     such as law schools, and which shall be used--
       (1) to implement, expand, and establish cooperative efforts 
     and projects between domestic violence and sexual assault 
     victim services organizations and legal assistance providers 
     to provide legal assistance for victims of domestic violence, 
     stalking, and sexual assault;
       (2) to implement, expand, and establish efforts and 
     projects to provide legal assistance for victims of domestic 
     violence, stalking, and sexual assault by organizations with 
     a demonstrated history of providing direct legal or advocacy 
     services on behalf of these victims; and
       (3) to provide training, technical assistance, and data 
     collection to improve the capacity of grantees and other 
     entities to offer legal assistance to victims of domestic 
     violence, stalking, and sexual assault.
       (d) Grant To Establish Database of Programs That Provide 
     Legal Assistance to Victims.--
       (1) In general.--The Attorney General may make a grant to 
     establish, operate, and maintain a national computer database 
     of programs and organizations that provide legal assistance 
     to victims of domestic violence, stalking, and sexual 
     assault.
       (2) Database requirements.--A database established with a 
     grant under this subsection shall be--
       (A) designed to facilitate the referral of persons to 
     programs and organizations that provide legal assistance to 
     victims of domestic violence, stalking, and sexual assault; 
     and
       (B) operated in coordination with the national domestic 
     violence and sexual assault hotline established under section 
     316 of the Family Violence Prevention and Services Act.
       (e) Evaluation.--The Attorney General may evaluate the 
     grants funded under this section through contracts or other 
     arrangements with entities expert on domestic violence, 
     stalking, and sexual assault, and on evaluation research.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated 
     from the Violent Crime Reduction Trust Fund established under 
     section 310001 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14211) to carry out this 
     section $35,000,000 for each of fiscal years 2001 through 
     2005.
       (2) Allocation of funds.--Of the amount made available 
     under this subsection in each fiscal year, not less than 5 
     percent shall be used for grants for programs that assist 
     victims of domestic violence, stalking, and sexual assault on 
     lands within the jurisdiction of an Indian tribe.
       (3) Nonsupplantation.--Amounts made available under this 
     section shall be used to supplement and not supplant other 
     Federal, State, and local funds expended to further the 
     purpose of this section.

     SEC. 202. SHELTER SERVICES FOR BATTERED WOMEN AND CHILDREN.

       (a) State Shelter Grants.--Section 303(a)(2)(C) of the 
     Family Violence Prevention and Services Act (42 U.S.C. 
     10402(a)(2)(C)) is amended by striking ``populations 
     underserved because of ethnic, racial, cultural, language 
     diversity or geographic isolation'' and inserting 
     ``populations underserved because of race, ethnicity, age, 
     disability, religion, alienage status, geographic location 
     (including rural isolation), or language barriers, and any 
     other populations determined by the Secretary to be 
     underserved''.
       (b) State Minimum; Reallotment.--Section 304 of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10403) is 
     amended--
       (1) in subsection (a), by striking ``for grants to States 
     for any fiscal year'' and all that follows and inserting the 
     following: ``and available for grants to States under this 
     subsection for any fiscal year--
       ``(1) Guam, American Samoa, the United States Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, 
     and the combined Freely Associated States shall each be 
     allotted not less than \1/8\ of 1 percent of the amounts 
     available for grants under section 303(a) for the fiscal year 
     for which the allotment is made; and
       ``(2) each State shall be allotted for payment in a grant 
     authorized under section 303(a), $600,000, with the remaining 
     funds to be allotted to each State in an amount that bears 
     the same ratio to such remaining funds as the population of 
     such State bears to the population of all States.'';
       (2) in subsection (c), in the first sentence, by inserting 
     ``and available'' before ``for grants''; and
       (3) by adding at the end the following:
       ``(e) In subsection (a)(2), the term ``State'' does not 
     include any jurisdiction specified in subsection (a)(1).''.
       (c) Secretarial Responsibilities.--Section 305(a) of the 
     Family Violence Prevention and Services Act (42 U.S.C. 
     10404(a)) is amended--
       (1) by striking ``an employee'' and inserting ``1 or more 
     employees'';
       (2) by striking ``of this title.'' and inserting ``of this 
     title, including carrying out evaluation and monitoring under 
     this title.''; and
       (3) by striking ``The individual'' and inserting ``Any 
     individual''.
       (d) Resource Centers.--Section 308 of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10407) is amended--
       (1) in subsection (a)(2), by inserting ``on providing 
     information, training, and technical assistance'' after 
     ``focusing''; and
       (2) in subsection (c), by adding at the end the following:
       ``(8) Providing technical assistance and training to local 
     entities carrying out domestic violence programs that provide 
     shelter, related assistance, or transitional housing 
     assistance.
       ``(9) Improving access to services, information, and 
     training, concerning family violence, within Indian tribes 
     and Indian tribal agencies.
       ``(10) Providing technical assistance and training to 
     appropriate entities to improve access to services, 
     information, and training concerning family violence 
     occurring in underserved populations.''.
       (e) Conforming Amendment.--Section 309(6) of the Family 
     Violence Prevention and Services Act (42 U.S.C. 10408(6)) is 
     amended by striking ``the Virgin Islands, the Northern 
     Mariana Islands, and the Trust Territory of the Pacific 
     Islands'' and inserting ``the United States Virgin Islands, 
     the Commonwealth of the Northern Mariana Islands, and the 
     combined Freely Associated States''.
       (f) Reauthorization.--Section 310 of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10409) is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) In General.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this title 
     $175,000,000 for each of fiscal years 2001 through 2005.
       ``(2) Source of funds.--Amounts made available under 
     paragraph (1) may be appropriated from the Violent Crime 
     Reduction Trust Fund established under section 310001 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14211).'';
       (2) in subsection (b), by striking ``under subsection 
     303(a)'' and inserting ``under section 303(a)'';
       (3) in subsection (c), by inserting ``not more than the 
     lesser of $7,500,000 or'' before ``5''; and
       (4) by adding at the end the following:
       ``(f) Evaluation, Monitoring, and Administration.--Of the 
     amounts appropriated under subsection (a) for each fiscal 
     year, not more than 1 percent shall be used by the Secretary 
     for evaluation, monitoring, and administrative costs under 
     this title.''.
       (g) State Domestic Violence Coalition Grant Activities.--
     Section 311 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10410) is amended--
       (1) in subsection (a)(4), by striking ``underserved racial, 
     ethnic or language-minority populations'' and inserting 
     ``underserved populations described in section 
     303(a)(2)(C)''; and
       (2) in subsection (c), by striking ``the U.S. Virgin 
     Islands, the Northern Mariana Islands, and the Trust 
     Territory of the Pacific Islands'' and inserting ``the United 
     States Virgin Islands, the Commonwealth of the Northern 
     Mariana Islands, and the Freely Associated States''.

     SEC. 203. TRANSITIONAL HOUSING ASSISTANCE FOR VICTIMS OF 
                   DOMESTIC VIOLENCE.

       Title III of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10401 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 319. TRANSITIONAL HOUSING ASSISTANCE.

       ``(a) In General.--The Secretary shall award grants under 
     this section to carry out programs to provide assistance to 
     individuals, and their dependents--
       ``(1) who are homeless or in need of transitional housing 
     or other housing assistance, as a result of fleeing a 
     situation of domestic violence; and
       ``(2) for whom emergency shelter services are unavailable 
     or insufficient.
       ``(b) Assistance Described.--Assistance provided under this 
     section may include--
       ``(1) short-term housing assistance, including rental or 
     utilities payments assistance and assistance with related 
     expenses, such as payment of security deposits and other 
     costs incidental to relocation to transitional housing, in 
     cases in which assistance described in this paragraph is 
     necessary to prevent homelessness because an individual or 
     dependent is fleeing a situation of domestic violence; and
       ``(2) short-term support services, including payment of 
     expenses and costs associated with transportation and job 
     training referrals, child care, counseling, transitional 
     housing identification and placement, and related services.
       ``(c) Term of Assistance.--An individual or dependent 
     assisted under this section may not receive assistance under 
     this section for a total of more than 12 months.

[[Page 9746]]

       ``(d) Reports.--
       ``(1) Report to secretary.--
       ``(A) In general.--An entity that receives a grant under 
     this section shall annually prepare and submit to the 
     Secretary a report describing the number of individuals and 
     dependents assisted, and the types of housing assistance and 
     support services provided, under this section.
       ``(B) Contents.--Each report shall include information on--
       ``(i) the purpose and amount of housing assistance provided 
     to each individual or dependent assisted under this section;
       ``(ii) the number of months each individual or dependent 
     received the assistance;
       ``(iii) the number of individuals and dependents who were 
     eligible to receive the assistance, and to whom the entity 
     could not provide the assistance solely due to a lack of 
     available housing; and
       ``(iv) the type of support services provided to each 
     individual or dependent assisted under this section.
       ``(2) Report to congress.--The Secretary shall annually 
     prepare and submit to the Committee on the Judiciary of the 
     House of Representatives and the Committee on the Judiciary 
     of the Senate a report that contains a compilation of the 
     information contained in reports submitted under paragraph 
     (1).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated from the Violent Crime 
     Reduction Trust Fund established under section 310001 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14211) to carry out this section--
       ``(1) $25,000,000 for each of fiscal years 2001 through 
     2003; and
       ``(2) $30,000,000 for each of fiscal years 2004 and 
     2005.''.

     SEC. 204. NATIONAL DOMESTIC VIOLENCE AND SEXUAL ASSAULT 
                   HOTLINE.

       (a) Reauthorization.--Section 316(f) of the Family Violence 
     Prevention and Services Act (42 U.S.C. 10416(f)) is amended 
     by striking paragraph (1) and inserting the following:
       ``(1) In general.--There are authorized to be appropriated 
     from the Violent Crime Reduction Trust Fund established under 
     section 310001 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14211) to carry out this 
     section $2,750,000 for each of fiscal years 2001 through 
     2005.''.
       (b) Domestic Violence and Sexual Assault.--Section 316 of 
     the Family Violence Prevention and Services Act (42 U.S.C. 
     10416) is amended--
       (1) in the title of the section, by striking ``national 
     domestic violence hotline grant'' and inserting ``grant for 
     national domestic violence and sexual assault hotline'';
       (2) in subsections (a), (d), and (e), by striking ``victims 
     of domestic violence'' each place it appears and inserting 
     ``victims of domestic violence or sexual assault'';
       (3) in subsection (e)--
       (A) in paragraph (2), by striking ``national domestic 
     violence hotline'' and inserting ``national domestic violence 
     and sexual assault hotline''; and
       (B) in paragraph (3), by striking ``area of domestic 
     violence'' and inserting ``area of domestic violence and 
     sexual assault'';
       (4) by redesignating subsection (f) as subsection (g); and
       (5) by inserting after subsection (e) the following:
       ``(f) Report by Grant Recipient.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Violence Against Women Act II, each 
     recipient of a grant under this section shall prepare and 
     submit to the Secretary a report that contains--
       ``(A) an evaluation of the effectiveness of the activities 
     carried out by the recipient with amounts received under this 
     section; and
       ``(B) such other information as the Secretary may 
     prescribe.
       ``(2) Notice and public comment.--The Secretary shall--
       ``(A) publish in the Federal Register a copy of the report 
     submitted by the recipient under this subsection; and
       ``(B) allow not less than 90 days for notice of and 
     opportunity for public comment on the published report.''.

     SEC. 205. FEDERAL VICTIMS COUNSELORS.

       Section 40114 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1910) 
     is amended by striking ``(such as District of Columbia)--'' 
     and all that follows and inserting ``(such as District of 
     Columbia), $1,000,000 for each of fiscal years 2001 through 
     2005.''.

     SEC. 206. STUDY OF STATE LAWS REGARDING INSURANCE 
                   DISCRIMINATION AGAINST VICTIMS OF VIOLENCE 
                   AGAINST WOMEN.

       (a) In General.--The Attorney General shall conduct a 
     national study to identify State laws that address 
     discrimination against victims of domestic violence and 
     sexual assault related to issuance or administration of 
     insurance policies.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report on the findings and recommendations of the 
     study required by subsection (a).

     SEC. 207. STUDY OF WORKPLACE EFFECTS FROM VIOLENCE AGAINST 
                   WOMEN.

       The Attorney General shall--
       (1) conduct a national survey of plans, programs, and 
     practices developed to assist employers and employees on 
     appropriate responses in the workplace related to victims of 
     domestic violence, stalking, or sexual assault; and
       (2) not later than 18 months after the date of enactment of 
     this Act, submit to Congress a report describing the results 
     of that survey, which report shall include the 
     recommendations of the Attorney General to assist employers 
     and employees affected in the workplace by incidents of 
     domestic violence, stalking, and sexual assault.

     SEC. 208. STUDY OF UNEMPLOYMENT COMPENSATION FOR VICTIMS OF 
                   VIOLENCE AGAINST WOMEN.

       The Secretary of Labor, in consultation with the Attorney 
     General, shall--
       (1) conduct a national study to identify State laws that 
     address the separation from employment of an employee due to 
     circumstances directly resulting from the experience of 
     domestic violence by the employee and circumstances governing 
     that receipt (or nonreceipt) by the employee of unemployment 
     compensation based on such separation; and
       (2) not later than 1 year after the date of enactment of 
     this Act, submit to Congress a report describing the results 
     of that study, together with any recommendations based on 
     that study.

     SEC. 209. ENHANCING PROTECTIONS FOR OLDER WOMEN FROM DOMESTIC 
                   VIOLENCE AND SEXUAL ASSAULT.

       (a) Definition.--In this section, the term ``older 
     individual'' has the meaning given the term in section 102 of 
     the Older Americans Act of 1965 (42 U.S.C. 3002).
       (b) Protections for Older Individuals From Domestic 
     Violence and Sexual Assault in Pro-Arrest Grants.--Section 
     2101(b) of part U of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.) is 
     amended by adding at the end the following:
       ``(8) To develop or strengthen policies and training for 
     police, prosecutors, and the judiciary in recognizing, 
     investigating, and prosecuting instances of domestic violence 
     and sexual assault against older individuals (as is defined 
     in section 102 of the Older Americans Act of 1965) (42 U.S.C. 
     3002)).''.
       (c) Protections for Older Individuals From Domestic 
     Violence and Sexual Assault in STOP Grants.--Part T of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3796gg et seq.) is amended--
       (1) in section 2001(b)--
       (A) in paragraph (7) (as amended by section 103(b) of this 
     Act), by striking ``and'' at the end;
       (B) in paragraph (8) (as added by section 103(b) of this 
     Act), by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(9) developing, enlarging, or strengthening programs to 
     assist law enforcement, prosecutors, courts, and others to 
     address the needs and circumstances of older women who are 
     victims of domestic violence or sexual assault, including 
     recognizing, investigating, and prosecuting instances of such 
     violence or assault and targeting outreach and support and 
     counseling services to such older individuals.''; and
       (2) in section 2003(7) (as amended by section 103(b) of 
     this Act), by inserting after ``any other populations 
     determined to be underserved'' the following: ``, and the 
     needs of older individuals (as defined in section 102 of the 
     Older Americans Act of 1965 (42 U.S.C. 3002)) who are victims 
     of family violence''.
       (d) Enhancing Services for Older Individuals in Shelters.--
     Section 303(a)(2)(C) of the Family Violence Prevention and 
     Services Act (42 U.S.C. 10402(a)(2)(C)) (as amended by 
     section 202(a)(1) of this Act) is amended by inserting after 
     ``any other populations determined by the Secretary to be 
     underserved'' the following: ``, and the needs of older 
     individuals (as defined in section 102 of the Older Americans 
     Act of 1965 (42 U.S.C. 3002)) who are victims of family 
     violence''.

        TITLE III--LIMITING THE EFFECTS OF VIOLENCE ON CHILDREN

     SEC. 301. SAFE HAVENS FOR CHILDREN PILOT PROGRAM.

       (a) In General.--The Attorney General may award grants to 
     States, units of local government, and Indian tribal 
     governments that propose to enter into or expand the scope of 
     existing contracts and cooperative agreements with public or 
     private nonprofit entities to provide supervised visitation 
     and safe visitation exchange of children by and between 
     parents in situations involving domestic violence, child 
     abuse, or sexual assault.
       (b) Considerations.--In awarding grants under subsection 
     (a), the Attorney General shall take into account--
       (1) the number of families to be served by the proposed 
     visitation programs and services;
       (2) the extent to which the proposed supervised visitation 
     programs and services serve underserved populations (as 
     defined in section 2003 of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796gg-2));
       (3) with respect to an applicant for a contract or 
     cooperative agreement, the extent to which the applicant 
     demonstrates cooperation and collaboration with nonprofit,

[[Page 9747]]

     nongovernmental entities in the local community served, 
     including the State domestic violence coalition, State sexual 
     assault coalition, local shelters, and programs for domestic 
     violence and sexual assault victims; and
       (4) the extent to which the applicant demonstrates 
     coordination and collaboration with State and local court 
     systems, including mechanisms for communication and referral.
       (c) Applicant Requirements.--The Attorney General shall 
     award grants for contracts and cooperative agreements to 
     applicants that--
       (1) demonstrate expertise in the area of family violence, 
     including the areas of domestic violence or sexual assault, 
     as appropriate;
       (2) ensure that any fees charged to individuals for use of 
     programs and services are based on the income of those 
     individuals, unless otherwise provided by court order;
       (3) demonstrate that adequate security measures, including 
     adequate facilities, procedures, and personnel capable of 
     preventing violence, are in place for the operation of 
     supervised visitation programs and services or safe 
     visitation exchange; and
       (4) prescribe standards by which the supervised visitation 
     or safe visitation exchange will occur.
       (d) Reporting.--
       (1) In general.--Not later than 1 year after the last day 
     of the first fiscal year commencing on or after the date of 
     enactment of this Act, and not later than 180 days after the 
     last day of each fiscal year thereafter, the Attorney General 
     shall submit to Congress a report that includes information 
     concerning--
       (A) the number of--
       (i) individuals served and the number of individuals turned 
     away from visitation programs and services and safe 
     visitation exchange (categorized by State);
       (ii) the number of individuals from underserved populations 
     served and turned away from services; and
       (iii) the type of problems that underlie the need for 
     supervised visitation or safe visitation exchange, such as 
     domestic violence, child abuse, sexual assault, other 
     physical abuse, or a combination of such factors;
       (B) the numbers of supervised visitations or safe 
     visitation exchanges ordered under this section during 
     custody determinations under a separation or divorce decree 
     or protection order, through child protection services or 
     other social services agencies, or by any other order of a 
     civil, criminal, juvenile, or family court;
       (C) the process by which children or abused partners are 
     protected during visitations, temporary custody transfers, 
     and other activities for which supervised visitation is 
     established under this section;
       (D) safety and security problems occurring during the 
     reporting period during supervised visitation under this 
     section, including the number of parental abduction cases; 
     and
       (E) the number of parental abduction cases in a judicial 
     district using supervised visitation programs and services 
     under this section, both as identified in criminal 
     prosecution and custody violations.
       (2) Guidelines.--The Attorney General shall establish 
     guidelines for the collection and reporting of data under 
     this subsection.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated from the Violent Crime Reduction Trust 
     Fund established under section 310001 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to 
     carry out this section $15,000,000 for each of fiscal years 
     2001 and 2002.
       (f) Allotment for Indian Tribes.--Not less than 5 percent 
     of the total amount made available for each fiscal year to 
     carry out this section shall be available for grants to 
     Indian tribal governments.

     SEC. 302. REAUTHORIZATION OF RUNAWAY AND HOMELESS YOUTH 
                   GRANTS.

       Section 388(a) of the Runaway and Homeless Youth Act (42 
     U.S.C. 5751(a)) is amended by striking paragraph (4) and 
     inserting the following:
       ``(4) Part e.--There is authorized to be appropriated from 
     the Violent Crime Reduction Trust Fund established under 
     section 310001 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14211) to carry out part E 
     $22,000,000 for each of fiscal years 2001 through 2005.''.

     SEC. 303. REAUTHORIZATION OF VICTIMS OF CHILD ABUSE PROGRAMS.

       (a) Court-Appointed Special Advocate Program.--Section 218 
     of the Victims of Child Abuse Act of 1990 (42 U.S.C. 13014) 
     is amended by striking subsection (a) and inserting the 
     following:
       ``(a) Authorization.--There is authorized to be 
     appropriated from the Violent Crime Reduction Trust Fund 
     established under section 310001 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry 
     out this subtitle $12,000,000 for each of fiscal years 2001 
     through 2005.''.
       (b) Child Abuse Training Programs for Judicial Personnel 
     and Practitioners.--Section 224 of the Victims of Child Abuse 
     Act of 1990 (42 U.S.C. 13024) is amended by striking 
     subsection (a) and inserting the following:
       ``(a) Authorization.--There is authorized to be 
     appropriated from the Violent Crime Reduction Trust Fund 
     established under section 310001 of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 14211) to carry 
     out this subtitle $2,300,000 for each of fiscal years 2001 
     through 2005.''.
       (c) Grants for Televised Testimony.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (7) 
     and inserting the following:
       ``(7) There is authorized to be appropriated from the 
     Violent Crime Reduction Trust Fund established under section 
     310001 of the Violent Crime Control and Law Enforcement Act 
     of 1994 (42 U.S.C. 14211) to carry out part N $1,000,000 for 
     each of fiscal years 2001 through 2005.''.
       (d) Dissemination of Information.--The Attorney General 
     shall--
       (1) annually compile and disseminate information (including 
     through electronic publication) about the use of amounts 
     expended and the projects funded under section 218(a) of the 
     Victims of Child Abuse Act of 1990 (42 U.S.C. 13014(a)), 
     section 224(a) of the Victims of Child Abuse Act of 1990 (42 
     U.S.C. 13024(a)), and section 1007(a)(7) of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3793(a)(7)), including any evaluations of the projects and 
     information to enable replication and adoption of the 
     strategies identified in the projects; and
       (2) focus dissemination of the information described in 
     paragraph (1) toward community-based programs, including 
     domestic violence and sexual assault programs.

     SEC. 304. REPORT ON EFFECTS OF PARENTAL KIDNAPPING LAWS IN 
                   DOMESTIC VIOLENCE CASES.

       (a) In General.--The Attorney General shall--
       (1) conduct a study of Federal and State laws relating to 
     child custody, including custody provisions in protection 
     orders, the Parental Kidnaping Prevention Act of 1980, and 
     the amendments made by that Act, and the effect of those laws 
     on child custody cases in which domestic violence is a 
     factor; and
       (2) submit to Congress a report describing the results of 
     that study, including the effects of implementing or applying 
     model State laws, and the recommendations of the Attorney 
     General to reduce the incidence or pattern of violence 
     against women or of sexual assault of the child.
       (b) Sufficiency of Defenses.--In carrying out subsection 
     (a) with respect to the Parental Kidnaping Prevention Act of 
     1980, and the amendments made by that Act, the Attorney 
     General shall examine the sufficiency of defenses to parental 
     abduction charges available in cases involving domestic 
     violence, and the burdens and risks encountered by victims of 
     domestic violence arising from jurisdictional requirements of 
     that Act and the amendments made by that Act.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $200,000 for 
     fiscal year 2001.
       (d) Condition for Custody Determination.--Section 
     1738A(c)(2)(C)(ii) of title 28, United States Code, is 
     amended by striking ``he'' and inserting ``the child, a 
     sibling, or parent of the child''.

   TITLE IV--STRENGTHENING EDUCATION AND TRAINING TO COMBAT VIOLENCE 
                             AGAINST WOMEN

     SEC. 401. EDUCATION AND TRAINING IN APPROPRIATE RESPONSES TO 
                   VIOLENCE AGAINST WOMEN.

       (a) Authority.--The Secretary of Health and Human Services, 
     in consultation with the Attorney General, may award grants 
     in accordance with this section to public and private 
     nonprofit entities that, in the determination of the 
     Secretary, have--
       (1) nationally recognized expertise in the areas of 
     domestic violence and sexual assault; and
       (2) a record of commitment and quality responses to reduce 
     domestic violence and sexual assault.
       (b) Purpose.--Grants under this section may be used for the 
     purposes of developing, testing, presenting, and 
     disseminating model programs to provide education and 
     training in appropriate and effective responses to victims of 
     domestic violence and sexual assault (including, as 
     appropriate, the effects of domestic violence on children) 
     for individuals (other than law enforcement officers and 
     prosecutors) who are likely to come into contact with such 
     victims during the course of their employment, including--
       (1) caseworkers, supervisors, administrators, 
     administrative law judges, and other individuals 
     administering Federal and State benefits programs, such as 
     child welfare and child protective services, Temporary 
     Assistance to Needy Families, social security disability, 
     child support, medicaid, unemployment, workers' compensation, 
     and similar programs; and
       (2) medical and health care professionals, including mental 
     and behavioral health professionals such as psychologists, 
     psychiatrists, social workers, therapists, counselors, and 
     others.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated from the Violent Crime Reduction Trust 
     Fund established under section 310001 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to 
     carry out this section

[[Page 9748]]

     $5,000,000 for each of fiscal years 2001 through 2003.

     SEC. 402. RAPE PREVENTION AND EDUCATION.

       (a) In General.--Part J of title III of the Public Health 
     Service Act (42 U.S.C. 280b et seq.) is amended by inserting 
     after section 393A the following:

     ``SEC. 393B. USE OF ALLOTMENTS FOR RAPE PREVENTION EDUCATION.

       ``(a) Permitted Use.--The Secretary, acting through the 
     National Center for Injury Prevention and Control at the 
     Centers for Disease Control and Prevention, shall award 
     targeted grants to States to be used for rape prevention and 
     education programs conducted by rape crisis centers, State 
     sexual assault coalitions, and other public and private 
     nonprofit entities for--
       ``(1) educational seminars;
       ``(2) the operation of hotlines;
       ``(3) training programs for professionals;
       ``(4) the preparation of informational material;
       ``(5) education and training programs for students and 
     campus personnel designed to reduce the incidence of sexual 
     assault at colleges and universities;
       ``(6) education to increase awareness about drugs used to 
     facilitate rapes or sexual assaults; and
       ``(7) other efforts to increase awareness of the facts 
     about, or to help prevent, sexual assault, including efforts 
     to increase awareness in underserved communities and 
     awareness among individuals with disabilities (as defined in 
     section 3 of the Americans with Disabilities Act of 1990 (42 
     U.S.C. 12102)).
       ``(b) Collection and Dissemination of Information on Sexual 
     Assault.--The Secretary shall, through the National Resource 
     Center on Sexual Assault established under the National 
     Center for Injury Prevention and Control at the Centers for 
     Disease Control and Prevention, provide resource information, 
     policy, training, and technical assistance to Federal, State, 
     local, and Indian tribal agencies, as well as to State sexual 
     assault coalitions and local sexual assault programs and to 
     other professionals and interested parties on issues relating 
     to sexual assault, including maintenance of a central 
     resource library in order to collect, prepare, analyze, and 
     disseminate information and statistics and analyses thereof 
     relating to the incidence and prevention of sexual assault.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There is authorized to be appropriated 
     from the Violent Crime Reduction Trust Fund established under 
     section 310001 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14211) to carry out this 
     section, $50,000,000 for each of fiscal years 2001 through 
     2005.
       ``(2) National resource center allotment.--Of the total 
     amount made available under this subsection in each fiscal 
     year, not more than the greater of $1,000,000 or 2 percent of 
     such amount shall be available for allotment under subsection 
     (b).
       ``(d) Limitations.--
       ``(1) Supplement not supplant.--Amounts provided to States 
     under this section shall be used to supplement and not 
     supplant other Federal, State, and local public funds 
     expended to provide services of the type described in 
     subsection (a).
       ``(2) Studies.--A State may not use more than 2 percent of 
     the amount received by the State under this section for each 
     fiscal year for surveillance studies or prevalence studies.
       ``(3) Administration.--A State may not use more than 5 
     percent of the amount received by the State under this 
     section for each fiscal year for administrative expenses.''.
       (b) Repeal.--Section 40151 of the Violence Against Women 
     Act of 1994 (108 Stat. 1920), and the amendment made by such 
     section, is repealed.

     SEC. 403. EDUCATION AND TRAINING TO END VIOLENCE AGAINST AND 
                   ABUSE OF WOMEN WITH DISABILITIES.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary of Health and Human Services, may award grants 
     to States and nongovernmental private entities to provide 
     education and technical assistance for the purpose of 
     providing training, consultation, and information on domestic 
     violence, stalking, and sexual assault against women who are 
     individuals with disabilities (as defined in section 3 of the 
     Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).
       (b) Priorities.--In awarding grants under this section, the 
     Attorney General shall give priority to applications designed 
     to provide education and technical assistance on--
       (1) the nature, definition, and characteristics of domestic 
     violence, stalking, and sexual assault experienced by women 
     who are individuals with disabilities;
       (2) outreach activities to ensure that women who are 
     individuals with disabilities who are victims of domestic 
     violence, stalking, and sexual assault receive appropriate 
     assistance;
       (3) the requirements of shelters and victim services 
     organizations under Federal anti-discrimination laws, 
     including the Americans with Disabilities Act of 1990 and 
     section 504 of the Rehabilitation Act of 1973; and
       (4) cost-effective ways that shelters and victim services 
     may accommodate the needs of individuals with disabilities in 
     accordance with the Americans with Disabilities Act of 1990.
       (c) Uses of Grants.--Each recipient of a grant under this 
     section shall provide information and training to 
     organizations and programs that provide services to 
     individuals with disabilities, including independent living 
     centers, disability-related service organizations, and 
     domestic violence programs providing shelter or related 
     assistance.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated from the Violent Crime Reduction Trust 
     Fund established under section 310001 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) to 
     carry out this section $5,000,000 for each of fiscal years 
     2001 through 2005.

     SEC. 404. COMMUNITY INITIATIVES.

       Section 318 of the Family Violence Prevention and Services 
     Act (42 U.S.C. 10418) is amended--
       (1) in subsection (b)(2)--
       (A) in subparagraph (G), by striking ``and'' at the end;
       (B) by redesignating subparagraph (H) as subparagraph (I); 
     and
       (C) by inserting after subparagraph (G) the following:
       ``(H) groups that provide services to individuals with 
     disabilities;''; and
       (2) by striking subsection (h) and inserting the following:
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated from the Violent Crime 
     Reduction Trust Fund established under section 310001 of the 
     Violent Crime Control and Law Enforcement Act of 1994 (42 
     U.S.C. 14211) to carry out this section $5,000,000 for each 
     of fiscal years 2001 through 2005.''.

     SEC. 405. DEVELOPMENT OF RESEARCH AGENDA IDENTIFIED BY THE 
                   VIOLENCE AGAINST WOMEN ACT OF 1994.

       (a) In General.--The Attorney General shall--
       (1) direct the National Institute of Justice, in 
     consultation and coordination with the Bureau of Justice 
     Statistics and the National Academy of Sciences, through its 
     National Research Council, to develop a research agenda based 
     on the recommendations contained in the report entitled 
     ``Understanding Violence Against Women'' of the National 
     Academy of Sciences ; and
       (2) not later than 1 year after the date of enactment of 
     this Act, in consultation with the Secretary of the 
     Department of Health and Human Services, submit to Congress a 
     report which shall include--
       (A) a description of the research agenda developed under 
     paragraph (1) and a plan to implement that agenda;
       (B) recommendations for priorities in carrying out that 
     agenda to most effectively advance knowledge about and means 
     by which to prevent or reduce violence against women.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated from the Violent Crime Reduction Trust 
     Fund established under section 31001 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) 
     such sums as may be necessary to carry out this section.

                   TITLE V--BATTERED IMMIGRANT WOMEN

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Battered Immigrant Women 
     Protection Act of 2000''.

     SEC. 502. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the goal of the immigration protections for battered 
     immigrants included in the Violence Against Women Act of 1994 
     was to remove immigration laws as a barrier that kept 
     battered immigrant women and children locked in abusive 
     relationships;
       (2) providing battered immigrant women and children who 
     were experiencing domestic violence at home with protection 
     against deportation allows them to obtain protection orders 
     against their abusers and frees them to cooperate with law 
     enforcement and prosecutors in criminal cases brought against 
     their abusers and the abusers of their children without 
     fearing that the abuser will retaliate by withdrawing or 
     threatening withdrawal of access to an immigration benefit 
     under the abuser's control; and
       (3) there are several groups of battered immigrant women 
     and children who do not have access to the immigration 
     protections of the Violence Against Women Act of 1994 which 
     means that their abusers are virtually immune from 
     prosecution because their victims can be deported as a result 
     of action by their abusers and the Immigration and 
     Naturalization Service cannot offer them protection no matter 
     how compelling their case under existing law.
       (b) Purposes.--The purposes of this title are--
       (1) to remove barriers to criminal prosecutions of persons 
     who commit acts of battery or extreme cruelty against 
     immigrant women and children; and
       (2) to offer protection against domestic violence occurring 
     in family and intimate relationships that are covered in 
     State and tribal protection orders, domestic violence, and 
     family law statutes.

     SEC. 503. IMPROVED ACCESS TO IMMIGRATION PROTECTIONS OF THE 
                   VIOLENCE AGAINST WOMEN ACT OF 1994 FOR BATTERED 
                   IMMIGRANT WOMEN.

       (a) Intended Spouse Defined.--Section 101(a) of the 
     Immigration and Nationality

[[Page 9749]]

     Act (8 U.S.C. 1101(a)) is amended by adding at the end the 
     following:
       ``(50) The term `intended spouse' means any alien who meets 
     the criteria set forth in section 204(a)(3)(A)(ii) or 
     204(a)(4)(A)(ii).''.
       (b) Immediate Relative Status for Self-Petitioners Married 
     to U.S. Citizens.--
       (1) Self-petitioning spouses.--
       (A) Battery or cruelty to alien or alien's child.--Section 
     204(a)(1)(A)(iii) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)(1)(A)(iii)) is amended to read as follows:
       ``(iii) An alien who is described in paragraph (3) may file 
     a petition with the Attorney General under this clause for 
     classification of the alien (and any child of the alien) if 
     the alien demonstrates to the Attorney General that--
       ``(I) the marriage or the intent to marry the United States 
     citizen was entered into in good faith by the alien; and
       ``(II) during the marriage or relationship intended by the 
     alien to be legally a marriage, the alien or a child of the 
     alien has been battered or has been the subject of extreme 
     cruelty perpetrated by the alien's spouse or intended 
     spouse.''.
       (B) Description of protected spouse or intended spouse.--
     Section 204(a) of the Immigration and Nationality Act (8 
     U.S.C. 1154(a)) is amended by adding at the end the 
     following:
       ``(3) For purposes of paragraph (1)(A)(iii), an alien 
     described in this paragraph is an alien--
       ``(A)(i) who is the spouse of a citizen of the United 
     States; or
       ``(ii)(I) who believed that he or she had married a citizen 
     of the United States and with whom a marriage ceremony was 
     actually performed; and
       ``(II) who otherwise meets any applicable requirements 
     under this Act to establish the existence of and bona fides 
     of a marriage, but whose marriage is not legitimate solely 
     because of the bigamy of such citizen of the United States; 
     or
       ``(iii) who was a bona fide spouse of a United States 
     citizen within the past 2 years and--
       ``(I) whose spouse died within the past 2 years;
       ``(II) whose spouse lost or renounced citizenship status 
     related to an incident of domestic violence; or
       ``(III) who demonstrates a connection between the legal 
     termination of the marriage and battering or extreme cruelty 
     by the United States citizen spouse;
       ``(B) who is a person of good moral character;
       ``(C) who is eligible to be classified as an immediate 
     relative under section 201(b)(2)(A)(i) or who would have been 
     so classified but for the bigamy of the citizen of the United 
     States that the alien intended to marry; and
       ``(D) who has resided with the alien's spouse or intended 
     spouse.''.
       (2) Self-petitioning children.--Section 204(a)(1)(A)(iv) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(A)(iv)) is amended to read as follows:
       ``(iv) An alien who is the child of a citizen of the United 
     States, or who was a child of a United States citizen parent 
     who lost or renounced citizenship status related to an 
     incident of domestic violence, and who is a person of good 
     moral character, who is eligible to be classified as an 
     immediate relative under section 201(b)(2)(A)(i), and who 
     resides, or has resided in the past, with the citizen parent 
     may file a petition with the Attorney General under this 
     subparagraph for classification of the alien (and any child 
     of the alien) under such section if the alien demonstrates to 
     the Attorney General that the alien has been battered by or 
     has been the subject of extreme cruelty perpetrated by the 
     alien's citizen parent. For purposes of this clause, 
     residence includes any period of visitation.''.
       (3) Filing of petitions.--Section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154 (a)(1)(A)(iv)) 
     is amended by adding at the end the following:
       ``(v) An alien who is the spouse, intended spouse, or child 
     of a United States citizen living abroad and who is eligible 
     to file a petition under clause (iii) or (iv) shall file such 
     petition with the Attorney General under the procedures that 
     apply to self-petitioners under clauses (iii) or (iv).''.
       (c) Second Preference Immigration Status for Self-
     Petitioners Married to Lawful Permanent Residents.--
       (1) Self-petitioning spouses.--Section 204(a)(1)(B)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(B)(ii)) is amended to read as follows:
       ``(ii) An alien who is described in paragraph (4) may file 
     a petition with the Attorney General under this clause for 
     classification of the alien (and any child of the alien) if 
     such a child has not been classified under clause (iii) of 
     section 203(a)(2)(A) and if the alien demonstrates to the 
     Attorney General that--
       ``(I) the marriage or the intent to marry the lawful 
     permanent resident was entered into in good faith by the 
     alien; and
       ``(II) during the marriage or relationship intended by the 
     alien to be legally a marriage, the alien or a child of the 
     alien has been battered or has been the subject of extreme 
     cruelty perpetrated by the alien's spouse or intended 
     spouse.''.
       (2) Description of protected spouse or intended spouse.--
     Section 204(a) of the Immigration and Nationality Act (8 
     U.S.C. 1154) (as amended by subsection (b)(1)(B) of this 
     section) is amended by adding at the end the following:
       ``(4) For purposes of paragraph (1)(B)(ii), an alien 
     described in this paragraph is an alien--
       ``(A)(i) who is the spouse of a lawful permanent resident 
     of the United States; or
       ``(ii)(I) who believed that he or she had married a lawful 
     permanent resident of the United States and with whom a 
     marriage ceremony was actually performed; and
       ``(II) who otherwise meets any applicable requirements 
     under this Act to establish the existence of and bona fides 
     of a marriage, but whose marriage is not legitimate solely 
     because of the bigamy of such lawful permanent resident of 
     the United States; or
       ``(III) who was a bona fide spouse of a lawful permanent 
     resident within the past 2 years and--
       ``(aa) whose spouse lost status due to an incident of 
     domestic violence; or
       ``(bb) who demonstrates a connection between the legal 
     termination of the marriage and battering or extreme cruelty 
     by the lawful permanent resident spouse;
       ``(B) who is a person of good moral character;
       ``(C) who is eligible to be classified as a spouse of an 
     alien lawfully admitted for permanent residence under section 
     203(a)(2)(A) or who would have been so classified but for the 
     bigamy of the lawful permanent resident of the United States 
     that the alien intended to marry; and
       ``(D) who has resided with the alien's spouse or intended 
     spouse.''.
       (3) Self-petitioning children.--Section 204(a)(1)(B)(iii) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(B)(iii)) is amended to read as follows:
       ``(iii) An alien who is the child of an alien lawfully 
     admitted for permanent residence, or who was the child of a 
     lawful permanent resident who lost lawful permanent resident 
     status due to an incident of domestic violence, and who is a 
     person of good moral character, who is eligible for 
     classification under section 203(a)(2)(A), and who resides, 
     or has resided in the past, with the alien's permanent 
     resident alien parent may file a petition with the Attorney 
     General under this subparagraph for classification of the 
     alien (and any child of the alien) under such section if the 
     alien demonstrates to the Attorney General that the alien has 
     been battered by or has been the subject of extreme cruelty 
     perpetrated by the alien's permanent resident parent. For 
     purposes of this clause, residence includes any period of 
     visitation.''.
       (4) Filing of petitions.--Section 204(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) is 
     amended by adding at the end the following:
       ``(iv) An alien who is the spouse, intended spouse, or 
     child of a lawful permanent resident living abroad is 
     eligible to file a petition under clause (ii) or (iii) shall 
     file such petition with the Attorney General under the 
     procedures that apply to self-petitioners under clauses (ii) 
     or (iii).''.
       (d) Good Moral Character for Self-Petitioners and Treatment 
     of Child Self-Petitioners and Petitions Including Derivative 
     Children Attaining 21 Years of Age.--Section 204(a)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)) is 
     amended--
       (1) by redesignating subparagraphs (C) through (H) as 
     subparagraphs (E) through (J), respectively; and
       (2) by inserting after subparagraph (B) the following:
       ``(C) Notwithstanding section 101(f), an act or conviction 
     that qualifies for an exception or is waivable with respect 
     to the petitioner for purposes of a determination of the 
     petitioner's admissibility under section 212(a) or 
     deportability under section 237(a) shall not bar the Attorney 
     General from finding the petitioner to be of good moral 
     character under subparagraph (A)(iii), (A)(iv), (B)(ii), or 
     (B)(iii) if the Attorney General finds that the act or 
     conviction was connected to the alien's having been battered 
     or subjected to extreme cruelty. In making determinations 
     under this paragraph, the Attorney General shall consider any 
     credible evidence relevant to the determination.
       ``(D)(i)(I) Any child who attains 21 years of age who has 
     filed a petition under clause (iv) of section 204(a)(1)(A) 
     that was filed or approved before the date on which the child 
     attained 21 years of age shall be considered (if the child 
     has not been admitted or approved for lawful permanent 
     residence by the date the child attained 21 years of age) a 
     petitioner for preference status under paragraph (1), (2), or 
     (3) of section 203(a), whichever paragraph is applicable, 
     with the same priority date assigned to the self-petition 
     filed under clause (iv) of section 204(a)(1)(A). No new 
     petition shall be required to be filed.
       ``(II) Any individual described in subclause (I) is 
     eligible for deferred action and work authorization.
       ``(III) Any derivative child who attains 21 years of age 
     who is included in a petition described in clause (ii) that 
     was filed or approved before the date on which the child 
     attained 21 years of age shall be considered (if

[[Page 9750]]

     the child has not been admitted or approved for lawful 
     permanent residence by the date the child attained 21 years 
     of age) a petitioner for preference status under paragraph 
     (1), (2), or (3) of section 203(a), whichever paragraph is 
     applicable, with the same priority date as that assigned to 
     the petitioner in any petition described in clause (ii). No 
     new petition shall be required to be filed.
       ``(IV) Any individual described in subclause (III) and any 
     derivative child of a petition described in clause (ii) is 
     eligible for deferred action and work authorization.
       ``(ii) The petition referred to in clause (i)(III) is a 
     petition filed by an alien under subparagraph (A)(iii), 
     (A)(iv), (B)(ii) or (B)(iii) in which the child is included 
     as a derivative beneficiary.''.
       (e) Access to Naturalization for Divorced Victims of 
     Abuse.--Section 319(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1430(a)) is amended--
       (1) by inserting ``, or any person who obtained status as a 
     lawful permanent resident by reason of his or her status as a 
     spouse or child of a United States citizen who battered him 
     or her or subjected him or her to extreme cruelty,'' after 
     ``United States'' the first place such term appears; and
       (2) by inserting ``(except in the case of a person who has 
     been battered or subjected to extreme cruelty by a United 
     States citizen spouse or parent)'' after ``has been living in 
     marital union with the citizen spouse''.

     SEC. 504. IMPROVED ACCESS TO CANCELLATION OF REMOVAL AND 
                   SUSPENSION OF DEPORTATION UNDER THE VIOLENCE 
                   AGAINST WOMEN ACT OF 1994.

       (a) Cancellation of Removal and Adjustment of Status for 
     Certain Nonpermanent Residents.--Section 240A(b)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(2)) is 
     amended to read as follows:
       ``(2) Special rule for battered spouse or child.--
       ``(A) Authority.--The Attorney General may cancel removal 
     of, and adjust to the status of an alien lawfully admitted 
     for permanent residence, an alien who is inadmissible or 
     deportable from the United States if the alien demonstrates 
     that--
       ``(i)(I) the alien has been battered or subjected to 
     extreme cruelty by a spouse or parent who is or was a United 
     States citizen (or is the parent of a child of a United 
     States citizen and the child has been battered or subjected 
     to extreme cruelty in the United States by such citizen 
     parent);
       ``(II) the alien has been battered or subjected to extreme 
     cruelty by a spouse or parent who is or was a lawful 
     permanent resident (or is the parent of a child of an alien 
     who is or was a lawful permanent resident and the child has 
     been battered or subjected to extreme cruelty by such 
     permanent resident parent); or
       ``(III) the alien has been battered or subjected to extreme 
     cruelty by a United States citizen or lawful permanent 
     resident whom the alien intended to marry, but whose marriage 
     is not legitimate because of that United States citizen's or 
     lawful permanent resident's bigamy;
       ``(ii) the alien has been physically present in the United 
     States for a continuous period of not less than 3 years 
     immediately preceding the date of such application, and the 
     issuance of a charging document for removal proceedings shall 
     not toll the 3-year period of continuous physical presence in 
     the United States;
       ``(iii) the alien has been a person of good moral character 
     during such period, subject to the provisions of subparagraph 
     (C);
       ``(iv) the alien is not inadmissible under paragraph (2) or 
     (3) of section 212(a), is not deportable under paragraphs 
     (1)(G) or (2) through (4) of section 237(a), and has not been 
     convicted of an aggravated felony unless the act or 
     conviction qualifies for an exemption or is waivable with 
     respect to the alien for purposes of a determination of the 
     alien's admissibility under section 212(a) or deportability 
     under section 237(a); and
       ``(v) the removal would result in extreme hardship to the 
     alien, the alien's child, or the alien's parent.
       ``(B) Physical presence.--Notwithstanding subsection 
     (d)(2), for purposes of subparagraph (A)(i)(II) or for 
     purposes of section 244(a)(3) (as in effect before the 
     effective date of enactment of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996)--
       ``(i) an absence in excess of 90 days shall not bar the 
     Attorney General from finding that the alien maintained 
     continuous physical presence if the alien has been physically 
     present for a total of 3 years and demonstrates that the 
     interrupting absence or a portion thereof was connected to 
     the alien's having been battered or subjected to extreme 
     cruelty; and
       ``(ii) absences that in the aggregate exceed 180 days shall 
     not bar the Attorney General from finding that the alien 
     maintained continuous physical presence if the alien has been 
     physically present for a total of 3 years and demonstrates 
     that the interrupting absences or portions thereof were 
     connected to the alien's having been battered or subjected to 
     extreme cruelty.
       ``(C) Good moral character.--Notwithstanding section 
     101(f), an act or conviction that qualifies for an exception 
     or is waivable with respect to the alien for purposes of a 
     determination of the alien's admissibility under section 
     212(a) or deportability under section 237(a) shall not bar 
     the Attorney General from finding the alien to be of good 
     moral character under subparagraph (A)(i)(III) or section 
     244(a)(3) (as in effect before the effective date of 
     enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996), if the Attorney General finds 
     that the act or conviction was connected to the alien's 
     having been battered or subjected to extreme cruelty and 
     determines that a waiver is otherwise warranted.
       ``(D) Credible evidence considered.--In acting on 
     applications under this paragraph, the Attorney General shall 
     consider any credible evidence relevant to the application. 
     The determination of what evidence is credible and the weight 
     to be given that evidence shall be within the sole discretion 
     of the Attorney General.''.
       (b) Children of Battered Aliens and Parents of Battered 
     Alien Children.--Section 240A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1229b(b)) is amended by adding at 
     the end the following:
       ``(4) Children of battered aliens and parents of battered 
     alien children.--
       ``(A) In general.--The Attorney General shall grant parole 
     under section 212(d)(5) to any alien who is a--
       ``(i) child of an alien granted relief under section 
     240A(b)(2) or 244(a)(3) (as in effect before the effective 
     date of enactment of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996); or
       ``(ii) parent of a child alien granted relief under section 
     240A(b)(2) or 244(a)(3) (as in effect before the effective 
     date of enactment of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996).
       ``(B) Duration of parole.--The grant of parole shall extend 
     from the time of the grant of relief under section 240A(b)(2) 
     or section 244(a)(3) (as in effect before the effective date 
     of enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996) to the time the application for 
     adjustment of status filed by aliens covered under this 
     paragraph has been finally adjudicated. Applications for 
     adjustment of status filed by aliens covered under this 
     paragraph shall be treated as if they were applications filed 
     under section 204(a)(1) (A)(iii), (A)(iv), (B)(ii), or 
     (B)(iii) for purposes of section 245 (a) and (c).''.
       (c) Effective Date.--Any individual who becomes eligible 
     for relief by reason of the enactment of the amendments made 
     by subsections (a) and (b), shall be eligible to file a 
     motion to reopen pursuant to section 240(c)(6)(C)(iv). So 
     much of the amendment as is included in section 240A(b)(2) 
     (A)(iii), (B), (D), and (E) shall take effect as if included 
     in the enactment of section 304 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (Public Law 
     104-208; 110 Stat. 587).

     SEC. 505. OFFERING EQUAL ACCESS TO IMMIGRATION PROTECTIONS OF 
                   THE VIOLENCE AGAINST WOMEN ACT OF 1994 FOR ALL 
                   QUALIFIED BATTERED IMMIGRANT SELF-PETITIONERS.

       (a) Eliminating Connection Between Battery and Unlawful 
     Entry.--Section 212(a)(6)(A)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)(A)(ii)) is amended--
       (1) by striking subclause (I) and inserting the following:

        ``(I) the alien qualifies for classification under 
     subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(i); and'';

       (2) in subclause (II), by striking ``, and'' and inserting 
     a period; and
       (3) by striking subclause (III).
       (b) Eliminating Connection Between Battery and Violation of 
     the Terms of an Immigrant Visa.--Section 
     212(a)(9)(B)(iii)(IV) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(9)(B)(iii)(IV)) is amended by striking 
     ``who would be described in paragraph (6)(A)(ii)'' and all 
     that follows before the period and inserting ``who is 
     described in paragraph (6)(A)(ii)''.
       (c) Battered Immigrant Waiver.--Section 212(a)(9)(C)(ii) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(C)(ii)) is amended by adding at the end the 
     following: ``The Attorney General in the Attorney General's 
     discretion may waive the provisions of section 
     212(a)(9)(C)(i) in the case of an alien to whom the Attorney 
     General has granted classification under clause (iii), (iv), 
     (v), or (vi) of section 204(a)(1)(A), or classification under 
     clause (ii), (iii), or (iv) of section 204(a)(1)(B), in any 
     case in which there is a connection between--
       ``(1) the aliens having been battered or subjected to 
     extreme cruelty; and
       ``(2) the alien's--
       ``(A) removal;
       ``(B) departure from the United States;
       ``(C) reentry or reentries into the United States; or
       ``(D) attempted reentry into the United States.
       (d) Domestic Violence Victim Waiver.--
       (1) Waiver for victims of domestic violence.--Section 
     237(a) of the Immigration and Nationality Act (8 U.S.C. 
     1227(a)) is amended by inserting at the end the following:
       ``(7) Waiver for victims of domestic violence.--
       ``(A) In general.--The Attorney General is not limited by 
     the criminal court record and

[[Page 9751]]

     may waive the application of paragraph (2)(E)(i) (with 
     respect to crimes of domestic violence and crimes of 
     stalking) and (ii) in the case of an alien who has been 
     battered or subjected to extreme cruelty and who is not and 
     was not the primary perpetrator of violence in the 
     relationship--
       ``(i) upon a determination that--

       ``(I) the alien was acting is self-defense;
       ``(II) the alien was found to have violated a protection 
     order intended to protect the alien; or
       ``(III) the alien committed, was arrested for, was 
     convicted of, or pled guilty to committing a crime--

       ``(aa) that did not result in serious bodily injury; and
       ``(bb) where there was a connection between the crime and 
     the alien's having been battered or subjected to extreme 
     cruelty.
       ``(B) Credible evidence considered.--In acting on 
     applications under this paragraph, the Attorney General shall 
     consider any credible evidence relevant to the application. 
     The determination of what evidence is credible and the weight 
     to be given that evidence shall be within the sole discretion 
     of the Attorney General.''.
       (2) Conforming amendment.--Section 240A(b)(1)(C) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)(1)(C)) is 
     amended by inserting ``(unless the act or conviction 
     qualifies for an exception or is waivable for the purposes of 
     a determination of the alien's admissibility under section 
     212(a) or deportability under section 237(a))'' after 
     ``237(a)(3)''.
       (e) Misrepresentation Waivers for Battered Spouses of 
     United States Citizens and Lawful Permanent Residents.--
       (1) Waiver of inadmissibility.--Section 212(i)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(i)(1)) is 
     amended by inserting before the period at the end the 
     following: ``or, in the case of an alien granted 
     classification under clause (iii) or (iv) of section 
     204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B), 
     or who would otherwise qualify for relief under section 
     240A(b)(2) or under section 244(a)(3) (as in effect before 
     the date of enactment of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996), the alien demonstrates 
     extreme hardship to the alien or the alien's United States 
     citizen, lawful permanent resident, or qualified alien parent 
     or child''.
       (2) Waiver of deportability.--Section 237(a)(1)(H) of the 
     Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(H)) is 
     amended--
       (A) in clause (i), by inserting ``(I)'' after ``(i)'';
       (B) by redesignating clause (ii) as subclause (II); and
       (C) by adding after clause (i) the following:
       ``(ii) is an alien who qualifies for classification under 
     clause (iii), or (iv), of section 204(a)(1)(A) or clause (ii) 
     or (iii) of section 204(a)(1)(B), or who qualifies for relief 
     under section 240A(b)(2) or under section 244(a)(3) (as in 
     effect before the date of enactment of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 
     1996).''.
       (f) Battered Immigrant Waiver.--Section 212(g)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(g)(1)) is 
     amended--
       (1) in subparagraph (A), by striking ``or'' at the end;
       (2) in subparagraph (B), by adding ``or'' at the end; and
       (3) by inserting after subparagraph (B) the following:
       ``(C) qualifies for classification under clause (iii) or 
     (iv) of section 204(a)(1)(A) or classification under clause 
     (ii) or (iii) of section 204(a)(1)(B), relief under section 
     240A(b)(2), or relief under section 244(a)(3) (as in effect 
     before the enactment of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996);''.
       (g) Waivers for VAWA Eligible Battered Immigrants.--Section 
     212(h)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1182(h)(1)) is amended--
       (1) in subparagraph (B), by striking ``and'' and inserting 
     ``or'';
       (2) by adding at the end the following:
       ``(C) the alien qualifies for classification under clause 
     (iii) or (iv) of section 204(a)(1)(A), classification under 
     clause (ii) or (iii) of section 204(a)(1)(B), relief under 
     section 240A(b)(2) or relief under section 244(a)(3) (as in 
     effect before the enactment of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996); and''.
       (h) Public Charge.--Section 212(a)(4)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(4)(B)) is amended by 
     adding at the end the following:
       ``(iii) In determining under this paragraph whether or not 
     an alien described in section 212(a)(4)(C)(i) is inadmissible 
     under this paragraph or ineligible to receive an immigrant 
     visa or otherwise to adjust to the status of permanent 
     resident, the consular officer or the Attorney General shall 
     not consider any benefits the alien may have received that 
     were authorized under section 501 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1641(c)).''.
       (i) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Committees on the Judiciary of the Senate and 
     the House of Representatives covering, with respect to the 
     fiscal year 1997 and each fiscal year thereafter--
       (1) the policy and procedures of the Immigration and 
     Naturalization Service by which an alien who has been 
     battered or subjected to extreme cruelty who is eligible for 
     suspension of deportation or cancellation of removal can 
     request to be placed, and be placed, in deportation or 
     removal proceedings so that such alien may apply for 
     suspension of deportation or cancellation of removal;
       (2) the number of requests filed at each district office 
     under this policy;
       (3) the number of these requests granted reported 
     separately for each district; and
       (4) the average length of time at each Immigration and 
     Naturalization office between the date that an alien who has 
     been subject to battering or extreme cruelty eligible for 
     suspension of deportation or cancellation of removal requests 
     to be placed in deportation or removal proceedings and the 
     date that the immigrant appears before an immigration judge 
     to file an application for suspension of deportation or 
     cancellation of removal.

     SEC. 506. RESTORING IMMIGRATION PROTECTIONS UNDER THE 
                   VIOLENCE AGAINST WOMEN ACT OF 1994.

       (a) Removing Barriers to Adjustment of Status for Victims 
     of Domestic Violence.--
       (1) Immigration amendments.--Section 245 of the Immigration 
     and Nationality Act (8 U.S.C. 1255) is amended--
       (A) in subsection (a), by inserting ``or the status of any 
     other alien having an approved petition for classification 
     under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 
     section 204(a)(1) or'' after ``into the United States.''; and
       (B) in subsection (c), by striking ``Subsection (a) shall 
     not be applicable to'' and inserting the following: ``Other 
     than an alien having an approved petition for classification 
     under subparagraph (A)(iii), (A)(iv), (A)(v), (A)(vi), 
     (B)(ii), (B)(iii), or B(iv) of section 204(a)(1), subsection 
     (a) shall not be applicable to''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications for adjustment of status pending 
     on or made on or after January 14, 1998.
       (b) Removing Barriers to Cancellation of Removal and 
     Suspension of Deportation for Victims of Domestic Violence.--
       (1) Not treating service of notice as terminating 
     continuous period.--Section 240A(d)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1229b(d)(1)) is amended by striking 
     ``when the alien is served a notice to appear under section 
     239(a) or'' and inserting ``(A) except in the case of an 
     alien who applies for cancellation of removal under 
     subsection (b)(2) when the alien is served a notice to appear 
     under section 239(a), or (B)''.
       (2) Exemption from annual limitation on cancellation of 
     removal for battered spouse or child.--Section 240A(e)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1229b(e)(3)) is 
     amended by adding at the end the following:
       ``(C) Aliens in removal proceedings who applied for 
     cancellation of removal under subsection (b)(2).''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall take effect as if included in the enactment of 
     section 304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     587).
       (4) Modification of certain transition rules for battered 
     spouse or child.--Section 309(c)(5)(C) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note) is amended--
       (A) by striking the subparagraph heading and inserting the 
     following:
       ``(C) Special rule for certain aliens granted temporary 
     protection from deportation and for battered spouses and 
     children.--''; and
       (B) in clause (i)--
       (i) in subclause (IV), by striking ``or'' at the end;
       (ii) in subclause (V), by striking the period at the end 
     and inserting ``; or''; and
       (iii) by adding at the end the following:

       ``(VI) is an alien who was issued an order to show cause or 
     was in deportation proceedings before April 1, 1997, and who 
     applied for suspension of deportation under section 244(a)(3) 
     of the Immigration and Nationality Act (as in effect before 
     the date of the enactment of this Act).''.

       (5) Effective date.--The amendments made by paragraph (4) 
     shall take effect as if included in the enactment of section 
     309 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1101 note).
       (c) Eliminating Time Limitations on Motions To Reopen 
     Removal and Deportation Proceedings for Victims of Domestic 
     Violence.--
       (1) Removal proceedings.--
       (A) In general.--Section 240(c)(6)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1229a(c)(6)(C)) is amended by 
     adding at the end the following:
       ``(iv) Special rule for battered spouses and children.--
     There is no time limit on the filing of a motion to reopen, 
     and the deadline specified in subsection (b)(5)(C) for filing 
     such a motion does not apply--

       ``(I) if the basis for the motion is to apply for relief 
     under clause (iii) or (iv) of section 204(a)(1)(A), clause 
     (ii) or (iii) of section 204(a)(1)(B), or section 240A(b)(2); 
     and

[[Page 9752]]

       ``(II) if the motion is accompanied by a cancellation of 
     removal application to be filed with the Attorney General or 
     by a copy of the self-petition that has been or will be filed 
     with the Immigration and Naturalization Service upon the 
     granting of the motion to reopen.''.

       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if included in the enactment of section 
     304 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1229-1229c).
       (2) Deportation proceedings.--
       (A) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen or rescind deportation proceedings 
     under the Immigration and Nationality Act (as in effect 
     before the title III-A effective date in section 309 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1101 note)), there is no time limit on the 
     filing of a motion to reopen such proceedings, and the 
     deadline specified in section 242B(c)(3) of the Immigration 
     and Nationality Act (as so in effect) (8 U.S.C. 1252b(c)(3)) 
     does not apply--
       (i) if the basis of the motion is to apply for relief under 
     clause (iii) or (iv) of section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)), 
     clause (ii) or (iii) of section 204(a)(1)(B) of such Act (8 
     U.S.C. 1154(a)(1)(B)), or section 244(a)(3) of such Act (as 
     so in effect) (8 U.S.C. 1254(a)(3)); and
       (ii) if the motion is accompanied by a suspension of 
     deportation application to be filed with the Attorney General 
     or by a copy of the self-petition that will be filed with the 
     Immigration and Naturalization Service upon the granting of 
     the motion to reopen.
       (B) Applicability.--Subparagraph (A) shall apply to motions 
     filed by aliens who--
       (i) are, or were, in deportation proceedings under the 
     Immigration and Nationality Act (as in effect before the 
     title III-A effective date in section 309 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1101 note)); and
       (ii) have become eligible to apply for relief under clause 
     (iii) or (iv) of section 204(a)(1)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)(A)), clause (ii) or 
     (iii) of section 204(a)(1)(B) of such Act (8 U.S.C. 
     1154(a)(1)(B)), or section 244(a)(3) of such Act (as in 
     effect before the title III-A effective date in section 309 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1101 note)) as a result 
     of the amendments made by--

       (I) subtitle G of title IV of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953 et seq.); or
       (II) this title.

     SEC. 507. REMEDYING PROBLEMS WITH IMPLEMENTATION OF THE 
                   IMMIGRATION PROVISIONS OF THE VIOLENCE AGAINST 
                   WOMEN ACT OF 1994.

       (a) Effect of Changes in Abusers' Citizenship Status on 
     Self-Petition.--
       (1) Reclassification.--Section 204(a)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(A)) (as 
     amended by section 503(b)(3) of this title) is amended by 
     adding at the end the following:
       ``(vi) For the purposes of any petition filed under clause 
     (iii) or (iv), the denaturalization, loss or renunciation of 
     citizenship, death of the abuser, divorce, or changes to the 
     abuser's citizenship status after filing of the petition 
     shall not adversely affect the approval of the petition, and 
     for approved petitions shall not preclude the classification 
     of the eligible self-petitioning spouse or child as an 
     immediate relative or affect the alien's ability to adjust 
     status under subsections (a) and (c) of section 245 or obtain 
     status as a lawful permanent resident based on the approved 
     self-petition under such clauses.''.
       (2) Loss of status.--Section 204(a)(1)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(B)) (as 
     amended by section 503(c)(4) of this title) is amended by 
     adding at the end the following:
       ``(v)(I) For the purposes of any petition filed or approved 
     under clause (ii) or (iii), divorce, or the loss of lawful 
     permanent resident status by a spouse or parent after the 
     filing of a petition under that clause shall not adversely 
     affect approval of the petition, and, for an approved 
     petition, shall not affect the alien's ability to adjust 
     status under subsections (a) and (c) of section 245 or obtain 
     status as a lawful permanent resident based on an approved 
     self-petition under clause (ii) or (iii).
       ``(II) Upon the lawful permanent resident spouse or parent 
     becoming or establishing the existence of United States 
     citizenship through naturalization, acquisition of 
     citizenship, or other means, any petition filed with the 
     Immigration and Naturalization Service and pending or 
     approved under clause (ii) or (iii) on behalf of an alien who 
     has been battered or subjected to extreme cruelty shall be 
     deemed reclassified as a petition filed under subparagraph 
     (A) even if the acquisition of citizenship occurs after 
     divorce or termination of parental rights.''.
       (3) Definition of immediate relatives.--Section 
     201(b)(2)(A)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1154(b)(2)(A)(i)) is amended by adding at the end the 
     following: ``For purposes of this clause, an alien who has 
     filed a petition under clause (iii) or (iv) of section 
     204(a)(1)(A) of this Act remains an immediate relative in the 
     event that the United States citizen spouse or parent loses 
     United States citizenship on account of the abuse.''.
       (b) Allowing Remarriage of Battered Immigrants.--Section 
     204(h) of the Immigration and Nationality Act (8 U.S.C. 
     1154(h)) is amended by adding at the end the following: 
     ``Remarriage of an alien whose petition was approved under 
     section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) or marriage of 
     an alien described in section 204(a)(1)(A) (iv) or (vi) or 
     204(a)(1)(B)(iii) shall not be the basis for revocation of a 
     petition approval under section 205.''.

     SEC. 508. TECHNICAL CORRECTION TO QUALIFIED ALIEN DEFINITION 
                   FOR BATTERED IMMIGRANTS.

       Section 431(c)(1)(B)(iii) of the Personal Responsibility 
     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1641(c)(1)(B)(iii)) is amended to read as follows:
       ``(iii) suspension of deportation under section 244(a)(3) 
     of the Immigration and Nationality Act (as in effect before 
     the date of the enactment of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996).''.

     SEC. 509. PROTECTION FOR CERTAIN CRIME VICTIMS INCLUDING 
                   CRIMES AGAINST WOMEN.

       (a) Findings and Purpose.--
       (1) Findings.--Congress makes the following findings:
       (A) Immigrant women and children are often targeted to be 
     victims of crimes committed against them in the United 
     States, including rape, torture, trafficking, incest, battery 
     is or extreme cruelty, sexual assault, female genital 
     mutilation, forced prostitution, being held hostage or other 
     violent crimes.
       (B) All women and children who are victims of these crimes 
     and other human rights violations committed against them in 
     the United States must be able to report these crimes to law 
     enforcement and fully participate in the investigation, of 
     the crimes or other unlawful activity committed against them, 
     the prosecution of the perpetrators of such crimes or 
     activity, or both such investigation and prosecution.
       (2) Purpose.--
       (A) The purpose of this section is to create a new 
     nonimmigrant visa classification that will strengthen the 
     ability of law enforcement agencies to detect, investigate, 
     and prosecute cases of trafficking of aliens, battering, 
     extreme crudity, and other crimes committed against aliens, 
     while offering protection to victims of such offenses in 
     keeping with the humanitarian interests of the United States.
       (B) Creating a new nonimmigrant visa classification will 
     facilitate the reporting of violations to law enforcement 
     officials by exploited, victimized, and abused aliens who arc 
     not in a lawful immigration status. It also gives law 
     enforcement officials a means to regularize the status of 
     cooperating individuals during investigations, prosecutions, 
     and civil law enforcement proceedings. By providing temporary 
     legal status to aliens who have been severely victimized by 
     criminal or other unlawful activity, it also reflects the 
     humanitarian interests of the United States.
       (C) Finally, this section gives the Attorney General 
     discretion to convert such nonimmigrants to permanent 
     resident status when it is justified on humanitarian grounds 
     or is otherwise in the public interest.
       (b) Establishment of Humanitarian/Material Witness 
     Nonimmigrant Classification.--Section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is 
     amended--
       (1) by striking ``or'' at the end of subparagraph (R);
       (2) by striking the period at the end of subparagraph (S) 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(T)(i) an alien who the Attorney General determines--
       ``(I) is physically present in the United States or at a 
     port of entry thereto;
       ``(II) is or has been a victim of a severe form of 
     trafficking in persons as defined in section 3 of the 
     Trafficking Victims Protection Act of 2000;
       ``(III)(aa) has not unreasonably refused to assist in the 
     investigation or prosecution of acts of trafficking; or
       ``(bb) has not attained the age of 14 years; and
       ``(IV) would face a significant possibility of retribution 
     or other hardship if removed from the United States,

     and, if the Attorney General considers it to be appropriate, 
     the spouse, married and unmarried sons and daughters, and 
     parents of an alien described in this subparagraph if 
     accompanying, or following to join, the alien, except that no 
     person shall be eligible for admission to the United States 
     under this subparagraph if there is substantial reason to 
     believe that the person has committed an act of a severe form 
     of trafficking in persons as defined in section 3 of the 
     Trafficking Victims Protection Act of 2000;
       ``(ii) subject to section 214(m), an alien (and the spouse, 
     children, and parents of the alien if accompanying or 
     following to join the alien) who files an application for 
     status

[[Page 9753]]

     under this subparagraph, if the Attorney General determines 
     that--
       ``(I) the alien possesses material information concerning 
     criminal or other unlawful activity;
       ``(II) the alien is willing to supply, has supplied, or has 
     not unreasonably refused to supply such information to 
     Federal or State law enforcement official or a Federal or 
     State administrative agency investigating or bringing an 
     enforcement action, or to a Federal or State court;
       ``(III) the alien. would be helpful, were the alien. to 
     remain in the United States, to a Federal or State 
     investigation or prosecution of criminal or other unlawful 
     activity;
       ``(IV) the alien (or a child of the alien) has suffered 
     substantial physical or mental abuse as a result of the 
     criminal or other unlawful activity;
       ``(V) the alien has filed an affidavit from a Federal or 
     State law enforcement official or a Federal or State 
     administrative agency investigating or bringing and 
     enforcement action, or is a Federal or State court, that 
     provides information addressing the requirements under 
     subclauses (I) through (III); and
       ``(iii) the provisions of section 204(a)(1)(H) shall apply 
     to applications filed under clause (i) or (ii).''.
       (2) Duties of the attorney general with respect to ``t'' 
     visa nonimmigrants.--Section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101) is amended by adding at the 
     end the following:
       ``(i) With respect to nonimmigrant aliens described in 
     subsection (a)(15)(T)--
       ``(1) the Attorney General and other government officials, 
     where appropriate, shall provide those aliens with referrals 
     to nongovernmental organizations that would educate the 
     aliens regarding their options while in the United States and 
     the resources available to them; and
       ``(2) the Attorney General shall, during the period those 
     aliens are in lawful temporary resident status under that 
     subsection, grant the aliens authorization to engage in 
     employment in the United States and provide the aliens with 
     an `employment authorized' endorsement or other appropriate 
     work permit.''.
       (3) Waiver of grounds for ineligibility for admission.--
     Section 212(d) of the Immigration and Nationality Act (8 
     U.S.C. 1182(d)) is amended by adding at the end the 
     following:
       ``(13) The Attorney General shall determine whether a 
     ground for inadmissibility exists with respect to a 
     nonimmigrant described in section 101(a)(15)(T). The Attorney 
     General, in the Attorney General's discretion, may waive the 
     application of subsection (a) (other than paragraph (3)(E)) 
     in the case of a nonimmigrant described in section 
     101(a)(15)(T), if the Attorney General considers it to be in 
     the national interest to do so. Nothing in this section shall 
     be regarded as prohibiting the Attorney General from 
     instituting removal proceedings against an alien admitted as 
     a nonimmigrant under section 101(a)(15)(T) for material 
     nontrafficking related conduct committed after the alien's 
     admission into the United States, or for material 
     nontrafficking related conduct or a condition that was not 
     disclosed to the Attorney General prior to the alien's 
     admission as a nonimmigrant under section 101(a)(15)(T).''.
       (c) Conditions for Admission.--
       (1) Numerical limitations, period of admission, etc.--
     Section 214 of the Immigration and Nationality Act (8 U.S.C. 
     1184) is amended by adding at the end the following:
       ``(m)(1) The number of aliens who may be provided a visa as 
     nonimmigrants under section 101(a)(15)(T) in any fiscal year 
     may not exceed 2,000.
       ``(2) The period of admission of an alien as such a 
     nonimmigrant may not exceed 3 years and such period may not 
     be extended.
       ``(3) As a condition for the admission (or the provision of 
     status), and continued stay in lawful status. of an alien as 
     such a nonimmigrant, the alien--
       ``(A) may not be convicted of any criminal offense 
     punishable by a term of imprisonment of 1 year or more after 
     the date of such admission (or obtaining such status) unless 
     the alien qualifies for an exception or a waiver under 
     section 212(a) or section 237(a); and
       ``(B) shall abide by any other condition, limitation, or 
     restriction imposed by the Attorney General.
       ``(4) The Attorney General shall, during the period those 
     aliens are in lawful temporary resident status under that 
     subsection, grant the aliens authorization to engage in 
     employment in the United States and provide the aliens with 
     an `employment authorized' endorsement or other appropriate 
     work permit.''.
       (2) Prohibition of change of nonimmigrant classification.--
     Section 248(1) of the Immigration and Nationality Act (8 
     U.S.C. 1258(1)) is amended by striking ``or (S)'' and 
     inserting ``(S), or (T)''.
       (3) Nonexclusive relief.--Nothing in this title, or the 
     amendments made by this title, affects the ability of an 
     alien to seek any relief for which the alien may be eligible, 
     including--
       (A) asylum, gender-based asylum, withholding of removal, or 
     withholding of removal based on protection under the 
     Convention Against Torture and Other Cruel, Inhuman, or 
     Degrading Treatment or Punishment; or
       (B) relief under clause (iii) or (iv) of section 
     204(a)(1)(A), clause (ii) or (iii) of section 204(a)(1)(B), 
     section 240A(b)(2), or section 244(a)(3) (as in effect before 
     the enactment of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996).
       (4) Prohibition on adverse determinations of admissibility 
     or deportability.--Section 384(a)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     is amended--
       (A) by striking ``or'' at the end of subparagraph (D),
       (B) by adding at the end the following:
       ``(E) in the case of an alien applying for relief under 
     section 101(a)(15)(T), the perpetrator of the substantial 
     physical or mental abuse and the criminal or unlawful 
     activity; and''; and
       (C) by inserting in paragraph (2) after ``216(c)(4)(C),'' 
     the following ``101(a)(15)(T),''.
       (d) 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) If, in the opinion of the Attorney General, a 
     nonimmigrant admitted into the United States under section 
     101(a)(15)(T)(i)--
       ``(A) has been physically present in the United States for 
     a continuous period of at least 3 years since the date of 
     admission as a nonimmigrant under section 101(a)(15)(T)(i);
       ``(B) has, throughout such period, been a person of good 
     moral character;
       ``(C) has not, during such period, unreasonably refused to 
     provide assistance in the investigation or prosecution of 
     acts of trafficking; and
       ``(D) would face a significant possibility of retribution 
     or other hardship if removed from the United States,

     the Attorney General may adjust the status of the alien (and 
     the spouse, married and unmarried sons and daughters, and 
     parents of the alien if admitted under that section) to that 
     of an alien lawfully admitted for permanent residence if the 
     alien is not described in section 212(a)(3)(E).
       ``(2) An alien shall be considered to have failed to 
     maintain continuous physical presence in the United States 
     under paragraph (1)(A) if the alien has departed from the 
     United States for any period in excess of 90 days or for any 
     periods in the aggregate exceeding 180 days.
       ``(3) The Attorney General may adjust the status of an 
     alien admitted into the United States (or otherwise provided 
     nonimmigrant status) under section 101(a)(15)(T) (and a 
     spouse, child, or parents admitted under such section) to 
     that of an alien lawfully admitted for permanent residence 
     if--
       ``(A) in the opinion of the Attorney General, the alien's 
     continued presence in the United States is justified on 
     humanitarian grounds, to ensure family unity, or is otherwise 
     in the public interest; and
       ``(B) the alien is not described in subparagraph (A)(i)(I), 
     (A)(ii), (A)(iii), (C), or (E) of section 212(a)(3).
       ``(4) Upon the approval of adjustment of status under 
     paragraph (1) or (3), the Attorney General shall record the 
     alien's lawful admission for permanent residence as of the 
     date of such approval.''.

     SEC. 510. ACCESS TO CUBAN ADJUSTMENT ACT FOR BATTERED 
                   IMMIGRANT SPOUSES AND CHILDREN.

       (a) In General.--The last sentence of the first section of 
     Public Law 89-732 (November 2, 1966; 8 U.S.C. 1255 note) is 
     amended by striking the period at the end and inserting the 
     following: ``, except that such spouse or child who has been 
     battered or subjected to extreme cruelty may adjust to 
     permanent resident status under this Act without 
     demonstrating that he or she is residing with the Cuban 
     spouse or parent in the United States. In acting on 
     applications under this section with respect to spouses or 
     children who have been battered or subjected to extreme 
     cruelty, the Attorney General shall apply the provisions of 
     section 204(a)(1)(H).''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective as if included in subtitle G of title IV 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (Public Law 103-322; 108 Stat. 1953 et seq.).

     SEC. 511. ACCESS TO THE NICARAGUAN ADJUSTMENT AND CENTRAL 
                   AMERICAN RELIEF ACT FOR BATTERED SPOUSES AND 
                   CHILDREN.

       Section 309(c)(5)(C) of the Illegal Immigration and Reform 
     and Immigrant Responsibility Act of 1996 (division C of 
     Public Law 104-208; 8 U.S.C. 1101 note) is amended--
       (1) in clause (i)--
       (A) by striking ``For purposes'' and inserting ``Subject to 
     clauses (ii), (iii), and (iv), for purposes'';
       (B) by striking ``or'' at the end of subclause (IV);
       (C) by striking the period at the end of subclause (V) and 
     inserting ``; or''; and
       (D) by adding at the end the following:

       ``(VI) is at the time of filing of an application under 
     subclause (I), (II), (V), or (VI) the spouse or child of an 
     individual described in subclause (I), (II), or (V) and the 
     spouse, child, or child of the spouse has been battered or 
     subjected to extreme cruelty by the

[[Page 9754]]

     individual described in subclause (I), (II), or (V).''; and

       (2) by adding at the end the following:
       ``(iii) Consideration of petitions.--In acting on a 
     petition filed under subclause (VI) or (VII) of clause (i) 
     the provisions set forth in section 204(a)(1)(H) shall apply.
       ``(iv) Residence with spouse or parent not required.--For 
     purposes of the application of subclauses (VI) and (VII) of 
     clause (i), a spouse or child shall not be required to 
     demonstrate that he or she is residing with the spouse or 
     parent in the United States.''.

     SEC. 512. ACCESS TO THE HAITIAN REFUGEE FAIRNESS ACT OF 1998 
                   FOR BATTERED SPOUSES AND CHILDREN.

       (a) In General.--Section 902(d)(1)(B) of the Haitian 
     Refugee Immigration Fairness Act of 1998 (division A of 
     section 101(h) of Public Law 105-277; 112 Stat. 2681-538) is 
     amended to read as follows:
       ``(B)(i) the alien is the spouse or child of an alien whose 
     status is adjusted to that of an alien lawfully admitted for 
     permanent residence under subsection (a);
       ``(ii) at the time of filing or the application for 
     adjustment under subsection (a) or this subsection the alien 
     is the spouse or child of an alien whose status is adjusted 
     to that of an alien lawfully admitted for permanent residence 
     under subsection (a) and the spouse, child, or child of the 
     spouse has been battered or subjected to extreme cruelty by 
     the individual described in subsection (a); and
       ``(iii) in acting on applications under this section with 
     respect to spouses or children who have been battered or 
     subjected to extreme cruelty, the Attorney General shall 
     apply the provisions of section 204(a)(1)(H).''.
       (b) Residence With Spouse or Parent Not Required.--Section 
     902(d) of such Act is amended--
       (1) in paragraph (1), by striking ``The status'' and 
     inserting ``Subject to paragraphs (2) and (3), the status''; 
     and
       (2) by adding at the end the following:
       ``(3) Residence with spouse or parent not required.--A 
     spouse, or child may adjust to permanent resident status 
     under paragraph (1) without demonstrating that he or she is 
     residing with the spouse or parent in the United States.''.

     SEC. 513. ACCESS TO SERVICES AND LEGAL REPRESENTATION FOR 
                   BATTERED IMMIGRANTS.

       (a) Law Enforcement and Prosecution Grants.--Section 
     2001(b) of part T of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3796gg(b)) is amended--
       (1) in paragraph (1), by inserting ``, immigration and 
     asylum officers, immigration judges,'' after ``law 
     enforcement officers'';
       (2) in paragraph (8) (as amended by section 209(c) of this 
     Act), by striking ``and'' at the end;
       (3) in paragraph (9) (as added by section 209(c) of this 
     Act), by striking the period at the end and inserting ``; 
     and''; and
       (4) by adding at the end the following:
       ``(10) providing assistance to victims of domestic violence 
     and sexual assault in immigration matters.''.
       (b) Grants To Encourage Arrests.--Section 2101(b)(5) of 
     part U of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796hh(b)(5)) is amended by 
     inserting before the period the following: ``, including 
     strengthening assistance to domestic violence victims in 
     immigration matters''.
       (c) Rural Domestic Violence and Child Abuse Enforcement 
     Grants.--Section 40295(a)(2) of the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
     1953; 42 U.S.C. 13971(a)(2)) is amended to read as follows:
       ``(2) to provide treatment, counseling, and assistance to 
     victims of domestic violence and child abuse, including in 
     immigration matters; and''.
       (d) Campus Domestic Violence Grants.--Section 826(b)(5) of 
     the Higher Education Amendments of 1998 (Public Law 105-244; 
     20 U.S.C. 1152) is amended by inserting before the period at 
     the end the following: ``, including assistance to victims in 
     immigration matters''.

       TITLE VI--EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND

     SEC. 601. EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

       (a) In General.--Section 310001(b) of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211) is 
     amended by striking paragraphs (1) through (5) and inserting 
     the following:
       ``(1) for fiscal year 2001, $6,025,000,000;
       ``(2) for fiscal year 2002, $6,169,000,000;
       ``(3) for fiscal year 2003, $6,316,000,000;
       ``(4) for fiscal year 2004, $6,458,000,000; and
       ``(5) for fiscal year 2005, $6,616,000,000.''.
       (b) Discretionary Limits.--Title XXXI of the Violent Crime 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211 et 
     seq.) is amended by inserting after section 310001 the 
     following:

     ``SEC. 310002. DISCRETIONARY LIMITS.

       ``For the purposes of allocations made for the 
     discretionary category under section 302(a) of the 
     Congressional Budget Act of 1974 (2 U.S.C. 633(a)), the term 
     `discretionary spending limit' means--
       ``(1) with respect to fiscal year 2001--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Committee on the Budget of 
     the House of Representatives and the Chairman of the 
     Committee on the Budget of the Senate; and
       ``(B) for the violent crime reduction category, 
     $6,025,000,000 in new budget authority and $5,718,000,000 in 
     outlays;
       ``(2) with respect to fiscal year 2002--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Committee on the Budget of 
     the House of Representatives and the Chairman of the 
     Committee on the Budget of the Senate; and
       ``(B) for the violent crime reduction category, 
     $6,169,000,000 in new budget authority and $6,020,000,000 in 
     outlays;
       ``(3) with respect to fiscal year 2003--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Committee on the Budget of 
     the House of Representatives and the Chairman of the 
     Committee on the Budget of the Senate; and
       ``(B) for the violent crime reduction category, 
     $6,316,000,000 in new budget authority and $6,161,000,000 in 
     outlays;
       ``(4) with respect to fiscal year 2004--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Committee on the Budget of 
     the House of Representatives and the Chairman of the 
     Committee on the Budget of the Senate; and
       ``(B) for the violent crime reduction category, 
     $6,459,000,000 in new budget authority and $6,303,000,000 in 
     outlays; and
       ``(5) with respect to fiscal year 2005--
       ``(A) for the discretionary category, amounts of budget 
     authority and outlays necessary to adjust the discretionary 
     spending limits to reflect the changes in subparagraph (B) as 
     determined by the Chairman of the Committee on the Budget of 
     the House of Representatives and the Chairman of the 
     Committee on the Budget of the Senate; and
       ``(B) for the violent crime reduction category, $6,616,000 
     in new budget authority and $6,452,000,000 in outlays;

     as adjusted in accordance with section 251(b) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)) and section 314 of the Congressional Budget Act of 
     1974.''.
                                 ______
                                 

                JEFFORDS (AND OTHERS) AMENDMENT NO. 3200

  (Ordered to lie on the table.)
  Mr. JEFFORDS (for himself, Mr. Allard, Mr. Bingaman, Mr. Kennedy, and 
Mr. Leahy) submitted an amendment intended to be proposed by them to 
the bill, S. 2549, supra; as follows:

       On page 239, following line 22, add the following:

     SEC. 656. MODIFICATION OF TIME FOR USE BY CERTAIN MEMBERS OF 
                   THE SELECTED RESERVE OF ENTITLEMENT TO 
                   EDUCATIONAL ASSISTANCE.

       (a) In General.--Subsection (a) of section 16133 of title 
     10, United States Code, is amended by striking ``(1) at the 
     end'' and all that follows through the end and inserting ``on 
     the date the person is separated from the Selected 
     Reserve.''.
       (b) Certain Members.--Paragraph (1) of subsection (b) of 
     that section is amended in the flush matter following 
     subparagraph (B) by striking ``shall be determined'' and all 
     that follows through the end and inserting ``shall expire on 
     the later of (i) the 10-year period beginning on the date on 
     which such person becomes entitled to educational assistance 
     under this chapter, or (ii) the end of the 4-year period 
     beginning on the date such person is separated from, or 
     ceases to be, a member of the Selected Reserve.''.
       (c) Conforming Amendments.--Subsection (b) of that section 
     is further amended--
       (1) in paragraph (2), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b)(1)'';
       (2) in paragraph (3), by striking ``subsection (a)'' and 
     inserting ``subsection (b)(1)''; and
       (3) in paragraph (4)--
       (A) in subparagraph (A), by striking ``subsection (a)'' and 
     inserting ``subsections (a) and (b)(1)''; and
       (B) in subparagraph (B), by striking ``clause (2) of such 
     subsection'' and inserting ``subsection (a)''.
                                 ______
                                 

                       THOMAS AMENDMENT NO. 3201

  (Ordered to lie on the table.)
  Mr. THOMAS submitted an amendment intended to be proposed by him to 
the bill (S. 2549), supra; as follows:

       At the appropriate place in the bill, add the following new 
     section and renumber the remaining sections accordingly:

     SEC.   . PROHIBITION ON THE RETURN OF VETERANS MEMORIAL 
                   OBJECTS TO FOREIGN NATIONS WITHOUT SPECIFIC 
                   AUTHORIZATION IN LAW.

       (a) Prohibition.--Notwithstanding section 2572 of title 10, 
     United States Code, or any

[[Page 9755]]

     other provision of law, the President may not transfer a 
     veterans memorial object to a foreign country or entity 
     controlled by a foreign government, or otherwise transfer or 
     convey such object to any person or entity for purposes of 
     the ultimate transfer or conveyance of such object to a 
     foreign country or entity controlled by a foreign government, 
     unless specifically authorized by law.
       (b) Definitions.--In this section:
       (1) Entity controlled by a foreign government.--The term 
     ``entity controlled by a foreign government'' has the meaning 
     given that term in section 2536(c)(1) of title 10, United 
     States Code.
       (2) Veterans memorial object.--The term ``veterans memorial 
     object'' means any object, including a physical structure or 
     portion thereof, that--
       (A) is located in a cemetery of the national Cemetery 
     System, war memorial, or military installation in the United 
     States;
       (B) is dedicated to, or otherwise memorializes, the death 
     in combat or combat-related duties of members of the United 
     States Armed Forces; and
       (C) was brought to the United States from abroad as a 
     memorial of combat abroad.
                                 ______
                                 

                        DODD AMENDMENT NO. 3202

  (Ordered to lie on the table.)
  Mr. DODD submitted an amendment intended to be proposed by him to the 
bill, S. 2549, supra; as follows:

       On page 415, between lines 2 and 3, insert the following:

     SEC. 1061. AUTHORITY TO PROVIDE HEADSTONES OR MARKERS FOR 
                   MARKED GRAVES OR OTHERWISE COMMEMORATE CERTAIN 
                   INDIVIDUALS.

       (a) In General.--Section 2306 of title 38, United States 
     Code, is amended--
       (1) in subsections (a) and (e)(1), by striking ``the 
     unmarked graves of''; and
       (2) by adding at the end the following:
       ``(f) A headstone or marker furnished under subsection (a) 
     shall be furnished, upon request, for the marked grave or 
     unmarked grave of the individual or at another area 
     appropriate for the purpose of commemorating the 
     individual.''.
       (b) Applicability.--(1) Except as provided in paragraph 
     (2), the amendment to subsection (a) of section 2306 of title 
     38, United States Code, made by subsection (a) of this 
     section, and subsection (f) of such section 2306, as added by 
     subsection (a) of this section, shall apply with respect to 
     burials occurring before, on, or after the date of the 
     enactment of this Act.
       (2) The amendments referred to in paragraph (1) shall not 
     apply in the case of the grave for any individual who died 
     before November 1, 1990, for which the Administrator of 
     Veterans' Affairs provided reimbursement in lieu of 
     furnishing a headstone or marker under subsection (d) of 
     section 906 of title 38, United States Code, as such 
     subsection was in effect after September 30, 1978, and before 
     November 1, 1990.
                                 ______
                                 

                INHOFE (AND NICKLES) AMENDMENT NO. 3203

  (Ordered to lie on the table.)
  Mr. INHOFE (for himself and Mr. Nickles) submitted an amendment 
intended to be proposed by them to the bill, S. 2549, supra; as 
follows:

       On page 58, between lines 7 and 8, insert the following:

     SEC. 313. INDUSTRIAL MOBILIZATION CAPACITY, MCALESTER ARMY 
                   AMMUNITION ACTIVITY, OKLAHOMA.

       Of the amount authorized to be appropriated under section 
     301(1), $10,300,000 shall be available for funding the 
     industrial mobilization capacity at the McAlester Army 
     Ammunition Activity, Oklahoma.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 3204

  (Ordered to lie on the table.)
  Mr. STEVENS submitted an amendment intended to be proposed by him to 
the bill, S. 2549, supra; as follows:

       On page 239, following line 22, add the following:

     SEC. 656. RECOGNITION OF MEMBERS OF THE ALASKA TERRITORIAL 
                   GUARD AS VETERANS.

       (a) In General.--Section 106 of title 38, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(f) Service as a member of the Alaska Territorial Guard 
     during World War II of any individual who was honorably 
     discharged therefrom under section 656(b) of the National 
     Defense Authorization Act for Fiscal Year 2001 shall be 
     considered active duty for purposes of all laws administered 
     by the Secretary.''.
       (b) Discharge.--(1) The Secretary of Defense shall issue to 
     each individual who served as a member of the Alaska 
     Territorial Guard during World War II a discharge from such 
     service under honorable conditions if the Secretary 
     determines that the nature and duration of the service of the 
     individual so warrants.
       (2) A discharge under paragraph (1) shall designate the 
     date of discharge. The date of discharge shall be the date, 
     as determined by the Secretary, of the termination of service 
     of the individual concerned as described in that paragraph.
       (c) Prohibition on Retroactive Benefits.--No benefits shall 
     be paid to any individual for any period before the date of 
     the enactment of this Act by reason of the enactment of this 
     section.
                                 ______
                                 

                      SANTORUM AMENDMENT NO. 3205

  (Ordered to lie on the table.)
  Mr. SANTORUM submitted an amendment intended to be proposed by him to 
the bill, S. 2549, supra; as follows:

       On page 31, between lines 18 and 19, insert the following:

     SEC. 126. REMANUFACTURED AV-8B AIRCRAFT.

       Of the amount authorized to be appropriated by section 
     102(a)(1)--
       (1) $374,132,000 is available for the procurement of 
     remanufactured AV-8B aircraft;
       (2) $32,600,000 is available for the procurement of UC-35 
     aircraft;
       (3) $81,039,000 is available for the procurement of 
     Litening II targeting pods for AV-8B aircraft; and
       (4) $262,514,000 is available for engineering change 
     proposal 583 for FA-18 aircraft.
                                 ______
                                 

         SMITH OF NEW HAMPSHIRE (AND OTHERS) AMENDMENT NO. 3206

  (Ordered to lie on the table.)
  Mr. SMITH of New Hampshire (for himself, Mr. Inhofe, Mr. Allard, and 
Mr. Hutchinson) submitted an amendment intended to be proposed by them 
to the bill, S. 2549, supra; as follows:

       At the appropriate place, add the following:

     ``SEC.   . PERSONNEL SECURITY POLICIES.

       No officer or employee of the Department of Defense, and no 
     member of the Armed Forces shall be granted a security 
     clearance unless that person:
       (1) is not under indictment for, and has not been convicted 
     in any court of, a crime punishable by imprisonment for a 
     term exceeding 1 year;
       (2) is not a fugitive from justice;
       (3) is not an unlawful user of or addicted to any 
     controlled substance (as defined in section 102 of the 
     Controlled Substances Act);
       (4) has not been adjudicated as a mental defective or been 
     committed to a mental institution;
       (5) has not been discharged from the Armed Forces under 
     dishonorable conditions; and.''.
                                 ______
                                 

                   JOHNSON AMENDMENTS NOS. 3207-3209

  (Ordered to lie on the table.)
  Mr. JOHNSON submitted three amendments intended to be proposed by him 
to the bill, S. 2459, supra; as follows:

                           Amendment No. 3207

         On page 415, between lines 2 and 3, insert the following:

     SEC. 1061. PROHIBITION ON PACKERS OWNING, FEEDING, OR 
                   CONTROLLING LIVESTOCK.

       (a) In General.--Section 202 of the Packers and Stockyards 
     Act, 1921 (7 U.S.C. 192), is amended--
       (1) by redesignating subsections (f) and (g) as subsections 
     (g) and (h), respectively;
       (2) by inserting after subsection (e) the following:
       ``(f) Own, feed, or control livestock intended for 
     slaughter (for more than 14 days prior to slaughter and 
     acting through the packer or a person that directly or 
     indirectly controls, or is controlled by or under common 
     control with, the packer), except that this subsection shall 
     not apply to--
       ``(1) a cooperative, if a majority of the ownership 
     interest in the cooperative is held by active cooperative 
     members that--
       ``(A) own, feed, or control livestock; and
       ``(B) provide the livestock to the cooperative for 
     slaughter; or
       ``(2) a packer that is owned or controlled by producers of 
     a type of livestock, if during a calendar year the packer 
     slaughters less than 2 percent of the head of that type of 
     livestock slaughtered in the United States; or''; and
       (3) in subsection (h) (as so redesignated), by striking 
     ``or (e)'' and inserting ``(e), or (f)''.
       (b) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by subsection (a) take effect on the date of enactment 
     of this Act.
       (2) Transition rules.--In the case of a packer that on the 
     date of enactment of this Act owns, feeds, or controls 
     livestock intended for slaughter in violation of section 
     202(f) of the Packers and Stockyards Act, 1921 (as amended by 
     subsection (a)), the amendments made by subsection (a) apply 
     to the packer--
       (A) in the case of a packer of swine, beginning on the date 
     that is 18 months after the date of enactment of this Act; 
     and
       (B) in the case of a packer of any other type of livestock, 
     beginning as soon as practicable, but not later than 180 
     days, after the date of enactment of this Act, as determined 
     by the Secretary of Agriculture.

[[Page 9756]]

     
                                  ____
                           Amendment No. 3208

         On page 415, between lines 2 and 3, insert the following:

     SEC. 1061. MEDICARE PRESCRIPTION DRUG PRICE REDUCTION 
                   PROGRAM.

       (a) Participating Manufacturers.--
       (1) In general.--Each participating manufacturer of a 
     covered outpatient drug shall make available for purchase by 
     each pharmacy such covered outpatient drug in the amount 
     described in paragraph (2) at the price described in 
     paragraph (3).
       (2) Description of amount of drugs.--The amount of a 
     covered outpatient drug that a participating manufacturer 
     shall make available for purchase by a pharmacy is an amount 
     equal to the aggregate amount of the covered outpatient drug 
     sold or distributed by the pharmacy to medicare 
     beneficiaries.
       (3) Description of price.--The price at which a 
     participating manufacturer shall make a covered outpatient 
     drug available for purchase by a pharmacy is the price equal 
     to the lower of the following:
       (A) The lowest price paid for the covered outpatient drug 
     by any agency or department of the United States.
       (B) The manufacturer's best price for the covered 
     outpatient drug, as defined in section 1927(c)(1)(C) of the 
     Social Security Act (42 U.S.C. 1396r-8(c)(1)(C)).
       (b) Special Provision With Respect to Hospice Programs.--
     For purposes of determining the amount of a covered 
     outpatient drug that a participating manufacturer shall make 
     available for purchase by a pharmacy under subsection (a), 
     there shall be included in the calculation of such amount the 
     amount of the covered outpatient drug sold or distributed by 
     a pharmacy to a hospice program. In calculating such amount, 
     only amounts of the covered outpatient drug furnished to a 
     medicare beneficiary enrolled in the hospice program shall be 
     included.
       (c) Administration.--The Secretary shall issue such 
     regulations as may be necessary to implement the program 
     established by this section.
       (d) Reports to Congress Regarding Effectiveness of 
     Section.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this section, and annually thereafter, the 
     Secretary shall report to Congress regarding the 
     effectiveness of the program established by this section in--
       (A) protecting medicare beneficiaries from discriminatory 
     pricing by participating manufacturers; and
       (B) making covered outpatient drugs available to medicare 
     beneficiaries at prices substantially lower than the prices 
     such beneficiaries would have paid for such drugs on the date 
     of enactment of this section.
       (2) Consultation.--In preparing such reports, the Secretary 
     shall consult with public health experts, affected 
     industries, organizations representing consumers and older 
     Americans, and other interested persons.
       (3) Recommendations.--The Secretary shall include in such 
     reports any recommendations that the Secretary considers 
     appropriate for changes in this section to further reduce the 
     cost of covered outpatient drugs to medicare beneficiaries.
       (e) Definitions.--In this section:
       (1) Participating manufacturer.--The term ``participating 
     manufacturer'' means any manufacturer of drugs or biologicals 
     that, on or after the date of enactment of this section, 
     enters into or renews a contract or agreement with the United 
     States for the sale or distribution of covered outpatient 
     drugs to the United States.
       (2) Covered outpatient drug.--The term ``covered outpatient 
     drug'' has the meaning given that term in section 1927(k)(2) 
     of the Social Security Act (42 U.S.C. 1396r-8(k)(2)).
       (3) Medicare beneficiary.--The term ``medicare 
     beneficiary'' means an individual entitled to benefits under 
     part A of title XVIII of the Social Security Act (42 U.S.C. 
     1395c et seq.) or enrolled under part B of such title (42 
     U.S.C. 1395j et seq.), or both.
       (4) Hospice program.--The term ``hospice program'' has the 
     meaning given that term under section 1861(dd)(2) of the 
     Social Security Act (42 U.S.C. 1395x(dd)(2)).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (f) Effective Date.--The Secretary shall implement this 
     section as expeditiously as practicable and in a manner 
     consistent with the obligations of the United States.
                                  ____


                           Amendment No. 3209

         At the end of the bill, add the following:

               DIVISION D--GENERIC PHARMACEUTICAL ACCESS

     SEC. 4001. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Generic 
     Pharmaceutical Access and Choice for Consumers Act of 2000''.
       (b) Table of Contents.--The table of contents of this 
     division is as follows:

               DIVISION D--GENERIC PHARMACEUTICAL ACCESS

Sec. 4001. Short title; table of contents.
Sec. 4002. Findings and purposes.

          TITLE XLI--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS

Sec. 4101. Encouragement of the use of generic drugs under the Public 
              Health Service Act.
Sec. 4102. Application to Federal employees health benefits program.
Sec. 4103. Application to medicare program.
Sec. 4104. Application to medicaid program.
Sec. 4105. Application to Indian Health Service.
Sec. 4106. Application to veterans programs.
Sec. 4107. Application to recipients of uniformed services health care.
Sec. 4108. Application to Federal prisoners.

   TITLE XLII--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS

Sec. 4201. Therapeutic equivalence of generic drugs.

        TITLE XLIII--GENERIC PHARMACEUTICALS AND MEDICARE REFORM

Sec. 4301. Sense of the Senate regarding a preference for the use of 
              generic pharmaceuticals under the medicare program.

     SEC. 4002. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) Generic pharmaceuticals are approved by the Food and 
     Drug Administration on the basis of testing and other 
     information establishing that such pharmaceuticals are 
     therapeutically equivalent to brand-name pharmaceuticals, 
     ensuring consumers a safe, efficacious, and cost-effective 
     alternative to brand-name pharmaceuticals.
       (2) The pharmaceutical market has become increasingly 
     competitive during the last decade because of the increasing 
     availability and accessibility of generic pharmaceuticals.
       (3) The Congressional Budget Office estimates that--
       (A) the substitution of generic pharmaceuticals for brand-
     name pharmaceuticals will save purchasers of pharmaceuticals 
     between $8,000,000,000 and $10,000,000,000 each year; and
       (B) quality generic pharmaceuticals cost between 25 percent 
     and 60 percent less than brand-name pharmaceuticals, 
     resulting in an estimated average savings of $15 to $30 on 
     each prescription filled.
       (4) Generic pharmaceuticals are widely accepted by both 
     consumers and the medical profession, as the market share 
     held by generic pharmaceuticals compared to brand-name 
     pharmaceuticals has more than doubled during the last decade, 
     from approximately 19 percent to 43 percent, according to the 
     Congressional Budget Office.
       (b) Purposes.--The purposes of this Act are--
       (1) to reduce the cost of prescription drugs to the United 
     States Government and to beneficiaries under Federal health 
     care programs while maintaining the quality of health care by 
     encouraging the use of generic drugs rather than nongeneric 
     drugs under those programs whenever feasible; and
       (2) to increase the utilization of generic pharmaceuticals 
     by requiring the Food and Drug Administration, where 
     appropriate, to determine that a generic pharmaceutical is 
     the therapeutic equivalent of its brand-name counterpart, and 
     by affording national uniformity to that determination.

          TITLE XLI--ENCOURAGEMENT OF THE USE OF GENERIC DRUGS

     SEC. 4101. ENCOURAGEMENT OF THE USE OF GENERIC DRUGS UNDER 
                   THE PUBLIC HEALTH SERVICE ACT.

       (a) In General.--Part B of title II of the Public Health 
     Service Act (42 U.S.C. 238 et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 247. USE OF GENERIC DRUGS ENCOURAGED.

       ``(a) Each grant or contract entered into under this Act 
     that involves the provision of health care items or services 
     to individuals shall include provisions to ensure that, to 
     the extent feasible, any prescriptions provided for under 
     such grant or contract are filled by providing the generic 
     form of the drug involved, unless the nongeneric form of the 
     drug is--
       ``(1) specifically ordered by the prescribing provider; or
       ``(2) requested by the individual for whom the drug is 
     prescribed.
       ``(b) In this section:
       ``(1) The term `generic form of the drug' means a drug that 
     is the subject of an application approved under section 
     505(j) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355(j)), for which the Secretary has made a determination 
     that the drug is the therapeutic equivalent of a listed drug 
     under section 505(j)(5)(E) of that Act (21 U.S.C. 
     355(j)(5)(E)).
       ``(2) The term `nongeneric form of the drug' means a drug 
     that is the subject of an application approved under section 
     505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     355(b)).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to any drug furnished on or after 
     the date of enactment of this Act.

     SEC. 4102. APPLICATION TO FEDERAL EMPLOYEES HEALTH BENEFITS 
                   PROGRAM.

       (a) In General.--Section 8902 of title 5, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(p) To the extent feasible, if a contract under this 
     chapter provides for the provision of, the payment for, or 
     the reimbursement of the cost of any prescription drug, the 
     carrier shall provide, pay, or reimburse the cost of

[[Page 9757]]

     the generic form of the drug (as defined in section 247(b)(1) 
     of the Public Health Service Act), except, if the nongeneric 
     form of the drug (as defined in section 247(b)(2) of such 
     Act) is--
       ``(1) specifically ordered by the prescribing provider; or
       ``(2) requested by the individual for whom the drug is 
     prescribed.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to any drug furnished during contract years 
     beginning on or after January 1, 2001.

     SEC. 4103. APPLICATION TO MEDICARE PROGRAM.

       (a) In General.--Section 1861(t) of the Social Security Act 
     (42 U.S.C. 1395x(t)) is amended by adding at the end the 
     following new paragraph:
       ``(3) For purposes of paragraph (1), the term `drugs' 
     means, to the extent feasible, the generic form of the drug 
     (as defined in section 247(b)(1) of the Public Health Service 
     Act), unless the nongeneric form of such drug (as defined in 
     section 247(b)(2) of such Act) is--
       ``(A) specifically ordered by the health care provider; or
       ``(B) requested by the individual to whom the drug is 
     provided.''.
       (b) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by this section shall apply with respect to 
     any drug furnished on or after the date of enactment of this 
     Act.
       (2) Medicare+choice plans.--In the case of a 
     Medicare+Choice plan offered by a Medicare+Choice 
     organization under part C of title XVIII of the Social 
     Security Act (42 U.S.C. 1395w-21 et seq.), the amendment made 
     by this section shall apply to any drug furnished during 
     contract years beginning on or after January 1, 2001.

     SEC. 4104. APPLICATION TO MEDICAID PROGRAM.

       (a) In General.--Section 1902(a) of the Social Security Act 
     (42 U.S.C. 1396a(a)) is amended--
       (1) in paragraph (64), by striking ``and'' at the end;
       (2) in paragraph (65), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding the following new paragraph:
       ``(66) provide that the State shall, in conjunction with 
     the program established under section 1927(g), to the extent 
     feasible, provide for the use of a generic form of a drug (as 
     defined in section 247(b)(1) of the Public Health Service 
     Act), unless the nongeneric form of the drug (as defined in 
     section 247(b)(2) of such Act is--
       ``(A) specifically ordered by the provider; or
       ``(B) requested by the individual to whom the drug is 
     provided.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to any drug furnished under State 
     plans that are approved or renewed on or after the date of 
     enactment of this Act.

     SEC. 4105. APPLICATION TO INDIAN HEALTH SERVICE.

       (a) In General.--Title II of the Indian Health Care 
     Improvement Act (25 U.S.C. 1621 et seq.) is amended by adding 
     at the end the following new subsection:

     ``SEC. 225. USE OF GENERIC DRUGS ENCOURAGED.

       ``In providing health care items or services under this 
     Act, the Indian Health Service shall ensure that, to the 
     extent feasible, any prescriptions that are provided for 
     under this Act are filled by providing the generic form of 
     the drug (as defined in section 247(b)(1) of the Public 
     Health Service Act) involved, unless the nongeneric form of 
     the drug (as defined in section 247(b)(2) of such Act) is--
       ``(1) specifically ordered by the prescribing provider; or
       ``(2) requested by the individual for whom the drug is 
     prescribed.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to any drug furnished on or after 
     the date of enactment of this Act.

     SEC. 4106. APPLICATION TO VETERANS PROGRAMS.

       (a) Use of Generic Drugs Encouraged.--Subchapter III of 
     chapter 17 of title 38, United States Code, is amended by 
     inserting after section 1722A the following new section:

     ``Sec. 1722B. Use of generic drugs encouraged

       ``When furnishing a prescription drug under this chapter, 
     the Secretary shall furnish a generic form of the drug (as 
     defined in section 247(b)(1) of the Public Health Service 
     Act), unless the nongeneric form of the drug (as defined in 
     section 247(b)(2) of such Act) is--
       ``(1) specifically ordered by the prescribing provider; or
       ``(2) requested by the individual for whom the drug is 
     prescribed.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 17 of such title is amended by inserting 
     after the item relating to section 1722A the following new 
     item:

``1722B. Use of generic drugs encouraged.''.

  (c) Effective Date.--The amendments made by this section shall apply 
with respect to any drug furnished on or after the date of enactment of 
this Act.

     SEC. 4107. APPLICATION TO RECIPIENTS OF UNIFORMED SERVICES 
                   HEALTH CARE.

       (a) Use of Generic Drugs Encouraged.--Chapter 55 of title 
     10, United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1110. Use of generic drugs encouraged

       ``The administering Secretaries shall ensure that, whenever 
     feasible, each health care provider who furnishes a drug 
     furnishes the generic form of the drug (as defined in section 
     247(b)(1) of the Public Health Service Act) under this 
     chapter, unless the nongeneric form of the drug (as defined 
     in section 247(b)(2) of such Act) is--
       ``(1) specifically ordered by the prescribing provider; or
       ``(2) requested by the individual for whom the drug is 
     prescribed.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by inserting after the 
     item relating to section 1109 the following new item:

``1110. Use of generic drugs encouraged.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to any drug furnished under this 
     chapter on or after the date of enactment of this Act.

     SEC. 4108. APPLICATION TO FEDERAL PRISONERS.

       (a) In General.--Section 4006(b) of title 18, United States 
     Code, is amended by adding at the end the following new 
     paragraph:
       ``(3) Use of generic drugs encouraged.--The Attorney 
     General shall ensure that, whenever feasible, each health 
     care provider who furnishes a drug to a prisoner charged with 
     or convicted of an offense against the United States 
     furnishes the generic form of the drug (as defined in section 
     247(b)(1) of the Public Health Service Act), unless the 
     nongeneric form of the drug (as defined in section 247(b)(2) 
     of such Act) is--
       ``(A) specifically ordered by the prescribing provider; or
       ``(B) requested by the prisoner for whom the drug is 
     prescribed.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to any drug furnished on or after 
     the date of enactment of this Act.

   TITLE XLII--THERAPEUTIC EQUIVALENCE REQUIREMENTS FOR GENERIC DRUGS

     SEC. 4201. THERAPEUTIC EQUIVALENCE OF GENERIC DRUGS.

       (a) In General.--Section 505(j) of the Federal Food, Drug, 
     and Cosmetic Act (21 U.S.C. 355(j)) is amended--
       (1) in paragraph (5), by adding at the end the following 
     new subparagraph:
       ``(E)(i) For each abbreviated application filed under 
     paragraph (1), the Secretary shall determine whether the new 
     drug for which the application is filed is the therapeutic 
     equivalent of the listed drug referred to in paragraph 
     (2)(A)(i) prior to the approval of the application.
       ``(ii) For purposes of clause (i), a new drug is the 
     therapeutic equivalent of a listed drug if--
       ``(I) each active ingredient of the new drug and the listed 
     drug is the same;
       ``(II) the new drug and the listed drug (aa) are of the 
     same dosage form; (bb) have the same route of administration; 
     (cc) are identical in strength or concentration; (dd) meet 
     the same compendial or other applicable standards, except 
     that the drugs may differ in shape, scoring, configuration, 
     packaging, excipient, expiration time, or, subject to 
     paragraph (2)(A)(v), labeling; and (ee) are expected to have 
     the same clinical effect and safety profile when administered 
     to patients under conditions specified in the labeling; and
       ``(III)(aa) the new drug does not present a known or 
     potential bioequivalence problem and meets an acceptable in 
     vitro standard; or (bb) if the new drug presents a known or 
     potential bioequivalence problem, the drug is shown to meet 
     an appropriate bioequivalence standard.
       ``(iii) With respect to a new drug for which an abbreviated 
     application is filed under paragraph (1), the provisions of 
     this subparagraph shall supersede any provisions of the law 
     of any State relating to the determination of the therapeutic 
     equivalence of the drug to a listed drug.''; and
       (2) in paragraph (7)(A), by adding at the end the 
     following:
       ``(iv) The Secretary shall include in each revision of the 
     list under clause (ii) on or after the date of enactment of 
     this clause the official and proprietary name of each listed 
     drug that is therapeutically equivalent to a new drug 
     approved under this subsection during the preceding 30-day 
     period, as determined under paragraph (5)(E).''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.

        TITLE XLIII--GENERIC PHARMACEUTICALS AND MEDICARE REFORM

     SEC. 4301. SENSE OF THE SENATE REGARDING A PREFERENCE FOR THE 
                   USE OF GENERIC PHARMACEUTICALS UNDER THE 
                   MEDICARE PROGRAM.

       It is the sense of the Senate that legislative language 
     requiring, to the extent feasible, a preference for the safe 
     and cost-effective use of generic pharmaceuticals should be 
     considered in conjunction with any legislation that adds a 
     comprehensive prescription drug benefit to the medicare 
     program

[[Page 9758]]

     under title XVIII of the Social Security Act (42 U.S.C. 1395 
     et seq.).
                                 ______
                                 

         SMITH OF NEW HAMPSHIRE (AND OTHERS) AMENDMENT NO. 3210

  Mr. SMITH of New Hampshire (for himself, Mr. Inhofe, Mr. Allard, Mr. 
Hutchinson, and Mr. Harkin) proposed and amendment to the bill S. 2549, 
supra; as follows:

       At the appropriate place, add the following:

     ``SEC.  . PERSONNEL SECURITY POLICIES.

       No officer or employee of the Department of Defense or any 
     contractor thereof, and no member of the Armed Forces shall 
     be granted a security clearance unless that person:
       (1) has not been convicted in any court of, a crime 
     punishable by imprisonment for a term exceeding 1 year;
       (2) is not an unlawful user of or addicted to any 
     controlled substance (as defined in section 102 of the 
     Controlled Substances Act);
       (3) has not been adjudicated as mentally incompetent;
       (4) has not been discharged from the Armed Forces under 
     dishonorable conditions.''.
                                 ______
                                 

               WELLSTONE (AND DURBIN) AMENDMENT NO. 3211

  Mr. WELLSTONE (for himself and Mr. Durbin) proposed an amendment to 
the bill, S. 2549, supra; as follows:

       On page 462, between lines 2 and 3, insert the following:

     SEC. 1210. SENSE OF CONGRESS REGARDING THE USE OF CHILDREN AS 
                   SOLDIERS.

       (a) Findings.--Congress finds that--
       (1) in the year 2000 approximately 300,000 individuals 
     under the age of 18 are participating in armed conflict in 
     more than 30 countries worldwide;
       (2) many of these children are forcibly conscripted through 
     kidnapping or coercion, while others join military units due 
     to economic necessity, to avenge the loss of a family member, 
     or for their own personal safety;
       (3) many military commanders frequently force child 
     soldiers to commit gruesome acts of ritual killings or 
     torture against their enemies, including against other 
     children;
       (4) many military commanders separate children from their 
     families in order to foster dependence on military units and 
     leaders, leaving children vulnerable to manipulation, deep 
     traumatization, and in need of psychological counseling and 
     rehabilitation;
       (5) child soldiers are exposed to hazardous conditions and 
     risk physical injuries, sexually transmitted diseases, 
     malnutrition, deformed backs and shoulders from carrying 
     overweight loads, and respiratory and skin infections;
       (6) many young female soldiers face the additional 
     psychological and physical horrors of rape and sexual abuse, 
     being enslaved for sexual purposes by militia commanders, and 
     forced to endure severe social stigma should they return 
     home;
       (7) children in northern Uganda continue to be kidnapped by 
     the Lords Resistance Army (LRA), which is supported and 
     funded by the Government of Sudan and which has committed and 
     continues to commit gross human rights violations in Uganda;
       (8) children in Sri Lanka have been forcibly recruited by 
     the opposition Tamil Tigers movement and forced to kill or be 
     killed in the armed conflict in that country;
       (9) an estimated 7,000 child soldiers have been involved in 
     the conflict in Sierra Leone, some as young as age 10, with 
     many being forced to commit extrajudicial executions, 
     torture, rape, and amputations for the rebel Revolutionary 
     United Front;
       (10) on January 21, 2000, in Geneva, a United Nations 
     Working Group, including representatives from more than 80 
     governments including the United States, reached consensus on 
     an optional protocol on the use of child soldiers;
       (11) this optional protocol will raise the international 
     minimum age for conscription and direct participation in 
     armed conflict to age eighteen, prohibit the recruitment and 
     use in armed conflict of persons under the age of eighteen by 
     non-governmental armed forces, encourage governments to raise 
     the minimum legal age for voluntary recruits above the 
     current standard of 15 and, commits governments to support 
     the demobilization and rehabilitation of child soldiers, and 
     when possible, to allocate resources to this purpose;
       (12) on October 29, 1998, United Nations Secretary General 
     Kofi Annan set minimum age requirements for United Nations 
     peacekeeping personnel that are made available by member 
     nations of the United Nations;
       (13) United Nations Under-Secretary General for Peace-
     keeping, Bernard Miyet, announced in the Fourth Committee of 
     the General Assembly that contributing governments of member 
     nations were asked not to send civilian police and military 
     observers under the age of 25, and that troops in national 
     contingents should preferably be at least 21 years of age but 
     in no case should they be younger than 18 years of age;
       (14) on August 25, 1999, the United Nations Security 
     Council unanimously passed Resolution 1261 (1999) condemning 
     the use of children in armed conflicts;
       (15) in addressing the Security Council, the Special 
     Representative of the Secretary General for Children and 
     Armed Conflict, Olara Otunnu, urged the adoption of a global 
     three-pronged approach to combat the use of children in armed 
     conflict, first to raise the age limit for recruitment and 
     participation in armed conflict from the present age of 15 to 
     the age of 18, second, to increase international pressure on 
     armed groups which currently abuse children, and third to 
     address the political, social, and economic factors which 
     create an environment where children are induced by appeal of 
     ideology or by socio-economic collapse to become child 
     soldiers;
       (16) the United States delegation to the United Nations 
     working group relating to child soldiers, which included 
     representatives from the Department of Defense, supported the 
     Geneva agreement on the optional protocol;
       (17) on May 25, 2000, the United Nations General Assembly 
     unanimously adopted the optional protocol on the use of child 
     soldiers;
       (18) the optional protocol was opened for signature on June 
     5, 2000; and
       (17) President Clinton has publicly announced his support 
     of the optional protocol and a speedy process of review and 
     signature.
       (b) Sense of Congress.--(1) Congress joins the 
     international community in--
       (A) condemning the use of children as soldiers by 
     governmental and nongovernmental armed forces worldwide; and
       (B) welcoming the optional protocol as a critical first 
     step in ending the use of children as soldiers.
       (2) It is the sense of Congress that--
       (A) It is essential that the President consult closely with 
     the Senate with the objective of building support for this 
     protocol, and the Senate move forward as expeditiously as 
     possible.
       (B) the President and Congress should work together to 
     enact a law that establishes a fund for the rehabilitation 
     and reintegration into society of child soldiers; and
        (C) the Departments of State and Defense should undertake 
     all possible efforts to persuade and encourage other 
     governments to ratify and endorse the new optional protocol 
     on the use of child soldiers.
                                 ______
                                 

                        LOTT AMENDMENT NO. 3212

  (Ordered to lie on the table.)
  Mr. LOTT submitted an amendment intended to be proposed by him to the 
bill, S. 2459, supra; as follows:

       On page 58, between lines 7 and 8, insert the following:

     SEC. 313. WEATHERPROOFING OF FACILITIES AT KEESLER AIR FORCE 
                   BASE, MISSISSIPPI.

       Of the total amount authorized to be appropriated by 
     section 301(4), $2,800,000 is available for the 
     weatherproofing of facilities at Keesler Air Force Base, 
     Mississippi.
                                 ______
                                 

                       BENNETT AMENDMENT NO. 3213

  (Ordered to lie on the table.)
  Mr. BENNETT submitted an amendment intended to be proposed by him to 
the bill, S. 2459, supra; as follows:

       On page 611, after line 21, add the following:

     SEC. 3202. LAND TRANSFER AND RESTORATION.

       (a) Short Title.--This section may be cited as the ``Ute-
     Moab Land Restoration Act''.
       (b) Transfer of Oil Shale Reserve.--Section 3405 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 (10 U.S.C. 7420 note; Public Law 105-261) is 
     amended to read as follows:

     ``SEC. 3405. TRANSFER OF OIL SHALE RESERVE NUMBERED 2.

       ``(a) Definitions.--In this section:
       ``(1) Map.--The term ``map'' means the map entitled 
     `Boundary Map, .............', numbered __ and dated ____, to 
     be kept on file and available for public inspection in the 
     offices of the Department of the Interior.
       ``(2) Moab site.--The term `Moab site' means the Moab 
     uranium milling site located approximately 3 miles northwest 
     of Moab, Utah, and identified in the Final Environmental 
     Impact Statement issued by the Nuclear Regulatory Commission 
     in March 1996, in conjunction with Source Material License 
     No. SUA 917.
       ``(3) NOSR-2.--The term `NOSR-2' means Oil Shale Reserve 
     Numbered 2, as identified on a map on file in the Office of 
     the Secretary of the Interior.
       ``(4) Tribe.--The term `Tribe' means the Ute Indian Tribe 
     of the Uintah and Ouray Indian Reservation.
       ``(b) Conveyance.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     United States conveys to the Tribe, subject to valid existing 
     rights in effect on the day before the date of enactment of 
     this section, all Federal land within the exterior boundaries 
     of NOSR-2 in fee simple (including surface and mineral 
     rights).
       ``(2) Reservations.--The conveyance under paragraph (1) 
     shall not include the following reservations of the United 
     States:
       ``(A) A 9 percent royalty interest in the value of any oil, 
     gas, other hydrocarbons, and all other minerals from the 
     conveyed

[[Page 9759]]

     land that are produced, saved, and sold, the payments for 
     which shall be made by the Tribe or its designee to the 
     Secretary of Energy during the period that the oil, gas, 
     hydrocarbons, or minerals are being produced, saved, sold, or 
     extracted.
       ``(B) The portion of the bed of Green River contained 
     entirely within NOSR-2, as depicted on the map.
       ``(C) The land (including surface and mineral rights) to 
     the west of the Green River within NOSR-2, as depicted on the 
     map.
       ``(D) A \1/4\ mile scenic easement on the east side of the 
     Green River within NOSR-2.
       ``(3) Conditions.--
       ``(A) Management authority.--On completion of the 
     conveyance under paragraph (1), the United States 
     relinquishes all management authority over the conveyed land 
     (including tribal activities conducted on the land).
       ``(B) No reversion.--The land conveyed to the Tribe under 
     this subsection shall not revert to the United States for 
     management in trust status.
       ``(C) Use of easement.--The reservation of the easement 
     under paragraph (2)(D) shall not affect the right of the 
     Tribe to obtain, use, and maintain access to, the Green River 
     through the use of the road within the easement, as depicted 
     on the map.
       ``(c) Withdrawals.--Each withdrawal that applies to NOSR-2 
     and that is in effect on the date of enactment of this 
     section is revoked to the extent that the withdrawal applies 
     to NOSR-2.
       ``(d) Administration of Reserved Land and Interests in 
     Land.--
       ``(1) In general.--The Secretary shall administer the land 
     and interests in land reserved from conveyance under 
     subparagraphs (B) and (C) of subsection (b)(2) in accordance 
     with the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.).
       ``(2) Management plan.--Not later than 3 years after the 
     date of enactment of this section, the Secretary shall submit 
     to Congress a land use plan for the management of the land 
     and interests in land referred to in paragraph (1).
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary such sums as 
     are necessary to carry out this subsection.
       ``(e) Royalty.--
       ``(1) Payment of royalty.--
       ``(A) In general.--The royalty interest reserved from 
     conveyance in subsection (b)(2)(A) that is required to be 
     paid by the Tribe shall not include any development, 
     production, marketing, and operating expenses.
       ``(B) Federal tax responsibility.--The United States shall 
     bear responsibility for and pay--
       ``(i) gross production taxes;
       ``(ii) pipeline taxes; and
       ``(iii) allocation taxes assessed against the gross 
     production.
       ``(2) Report.--The Tribe shall submit to the Secretary of 
     Energy and to Congress an annual report on resource 
     development and other activities of the Tribe concerning the 
     conveyance under subsection (b).
       ``(3) Financial audit.--
       ``(A) In general.--Not later than 5 years after the date of 
     enactment of this section, and every 5 years thereafter, the 
     Tribe shall obtain an audit of all resource development 
     activities of the Tribe concerning the conveyance under 
     subsection (b), as provided under chapter 75 of title 31, 
     United States Code.
       ``(B) Inclusion of results.--The results of each audit 
     under this paragraph shall be included in the next annual 
     report submitted after the date of completion of the audit.
       ``(f) River Management.--
       ``(1) In general.--The Tribe shall manage, under Tribal 
     jurisdiction and in accordance with ordinances adopted by the 
     Tribe, land of the Tribe that is adjacent to, and within \1/
     4\ mile of, the Green River in a manner that--
       ``(A) maintains the protected status of the land; and
       ``(B) is consistent with the government-to-government 
     agreement and in the memorandum of understanding dated 
     February 11, 2000, as agreed to by the Tribe and the 
     Secretary.
       ``(2) No management restrictions.--An ordinance referred to 
     in paragraph (1) shall not impair, limit, or otherwise 
     restrict the management and use of any land that is not 
     owned, controlled, or subject to the jurisdiction of the 
     Tribe.
       ``(3) Repeal or amendment.--An ordinance adopted by the 
     Tribe and referenced in the government-to-government 
     agreement may not be repealed or amended without the written 
     approval of--
       ``(A) the Tribe; and
       ``(B) the Secretary.
       ``(g) Plant Species.--
       ``(1) In general.--In accordance with a government-to-
     government agreement between the Tribe and the Secretary, in 
     a manner consistent with levels of legal protection in effect 
     on the date of enactment of this section, the Tribe shall 
     protect, under ordinances adopted by the Tribe, any plant 
     species that is--
       ``(A) listed as an endangered species or threatened species 
     under section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533); and
       ``(B) located or found on the NOSR-2 land conveyed to the 
     Tribe.
       ``(2) Tribal jurisdiction.--The protection described in 
     paragraph (1) shall be performed solely under tribal 
     jurisdiction
       ``(h) Horses.--
       ``(1) In general.--The Tribe shall manage, protect, and 
     assert control over any horse not owned by the Tribe or 
     tribal members that is located or found on the NOSR-2 land 
     conveyed to the Tribe in a manner that is consistent with 
     Federal law governing the management, protection, and control 
     of horses in effect on the date of enactment of this section.
       ``(2) Tribal jurisdiction.--The management, control, and 
     protection of horses described in paragraph (1) shall be 
     performed solely--
       ``(A) under tribal jurisdiction; and
       ``(B) in accordance with a government-to-government 
     agreement between the Tribe and the Secretary.
       ``(i) Remedial Action at Moab Site.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary of Energy shall 
     prepare a plan for the commencement, not later than 1 year 
     after the date of completion of the plan, of remedial action 
     (including ground water restoration) at the Moab site in 
     accordance with section 102(a) of the Uranium Mill Tailings 
     Radiation Control Act of 1978 (42 U.S.C. 7912(a)).
       ``(2) Limit on expenditures.--The Secretary shall limit the 
     amounts expended in carrying out the remedial action under 
     paragraph (1) to--
       ``(A) amounts specifically appropriated for the remedial 
     action in an Act of appropriation; and
       ``(B) other amounts made available for the remedial action 
     under this subsection.
       ``(3) Retention of royalties.--
       ``(A) In general.--The Secretary of Energy shall retain the 
     amounts received as royalties under subsection (e)(1).
       ``(B) Availability.--Amounts referred to in subparagraph 
     (A) shall be available, without further Act of appropriation, 
     to carry out the remedial action under paragraph (1).
       ``(C) Excess amounts.--On completion of the remedial action 
     under paragraph (1), all remaining royalty amounts shall be 
     deposited in the General Fund of the Treasury.
       ``(D) Exclusion of weapons activities funding.--The 
     Secretary shall not use any funds made available to the 
     Department of Energy for weapons activities to carry out the 
     remedial action under paragraph (1).
       ``(E) Authorization of appropriations.--
       ``(i) In general.--There are authorized to be appropriated 
     to the Secretary of Energy to carry out the remedial action 
     under paragraph (1) such sums as are necessary.
       ``(ii) Continuation of nrc trustee remediation 
     activities.--After the date of enactment of this section and 
     until such date as funds are made available under clause (i), 
     the Secretary, using funds available to the Secretary that 
     are not otherwise appropriated, shall carry out--

       ``(I) this subsection; and
       ``(II) any remediation activity being carried out at the 
     Moab site by the trustee appointed by the Nuclear Regulatory 
     Commission for the Moab site on the date of enactment of this 
     section.

       ``(4) Sale of moab site.--
       ``(A) In general.--If the Moab site is sold after the date 
     on which the Secretary of Energy completes the remedial 
     action under paragraph (1), the seller shall pay to the 
     Secretary of Energy, for deposit in the miscellaneous 
     receipts account of the Treasury, the portion of the sale 
     price that the Secretary determines resulted from the 
     enhancement of the value of the Moab site that is 
     attributable to the completion of the remedial action, as 
     determined in accordance with subparagraph (B).
       ``(B) Determination of enhanced value.--The enhanced value 
     of the Moab site referred to in subparagraph (A) shall be 
     equal to the difference between--
       ``(i) the fair market value of the Moab site on the date of 
     enactment of this section, based on information available on 
     that date; and
       ``(ii) the fair market value of the Moab site, as appraised 
     on completion of the remedial action.''.
       (c) Uranium Mill Tailings.--Section 102(a) of the Uranium 
     Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 
     7912(a)) is amended by inserting after paragraph (3) the 
     following:
       ``(4) Designation as processing site.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, the Moab uranium milling site (referred to in this 
     paragraph as the `Moab Site') located approximately 3 miles 
     northwest of Moab, Utah, and identified in the Final 
     Environmental Impact Statement issued by the Nuclear 
     Regulatory Commission in March 1996, in conjunction with 
     Source Material License No. SUA 917, is designated as a 
     processing site.
       ``(B) Applicability.--This title applies to the Moab Site 
     in the same manner and to the same extent as to other 
     processing sites designated under this subsection, except 
     that--
       ``(i) sections 103, 107(a), 112(a), and 115(a) of this 
     title shall not apply;
       ``(ii) a reference in this title to the date of the 
     enactment of this Act shall be treated as a reference to the 
     date of enactment of this paragraph; and

[[Page 9760]]

       ``(iii) the Secretary, subject to the availability of 
     appropriations and without regard to section 104(b), shall 
     conduct remediation at the Moab site in a safe and 
     environmentally sound manner, including--

       ``(I) ground water restoration; and
       ``(II) the removal, to at a site in the State of Utah, for 
     permanent disposition and any necessary stabilization, of 
     residual radioactive material and other contaminated material 
     from the Moab Site and the floodplain of the Colorado 
     River.''.

       (d) Conforming Amendment.--Section 3406 of the Strom 
     Thurmond National Defense Authorization Act for Fiscal Year 
     1999 (10 U.S.C. 7420 note; Public Law 105-261) is amended by 
     inserting after subsection (e) the following:
       ``(f) Oil Shale Reserve Numbered 2.--This section does not 
     apply to the transfer of Oil Shale Reserve Numbered 2 under 
     section 3405.''.
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 3214

  Mr. McCAIN (for himself, Mr. Feingold, Mr. Lieberman, Mr. Schumer, 
Mr. Byrd, Mr. Biden, Mr. Reid, and Mr. Levin) proposed an amendment to 
amendment No. 3210 proposed by Mr. Smith of New Hampshire to the bill, 
S. 2549, supra; as follows:

       At the end of the pending matter add the following new 
     Title:

                    TITLE  --INFORMATION DISCLOSURE

     SECTION   . REQUIRED NOTIFICATION OF SECTION 527 STATUS.

       (a) In General.--Section 527 of the Internal Revenue Code 
     of 1986 (relating to political organizations) is amended by 
     adding at the end the following new subsection:
       ``(i) Organizations Must Notify Secretary That They Are 
     Section 527 Organizations.--
       ``(1) In general.--Except as provided in paragraph (5), an 
     organization shall not be treated as an organization 
     described in this section--
       ``(A) unless it has given notice to the Secretary, 
     electronically and in writing, that it is to be so treated, 
     or
       ``(B) if the notice is given after the time required under 
     paragraph (2), the organization shall not be so treated for 
     any period before such notice is given.
       ``(2) Time to give notice.--The notice required under 
     paragraph (1) shall be transmitted not later than 24 hours 
     after the date on which the organization is established.
       ``(3) Contents of notice.--The notice required under 
     paragraph (1) shall include information regarding--
       ``(A) the name and address of the organization (including 
     any business address, if different) and its electronic 
     mailing address,
       ``(B) the purpose of the organization,
       ``(C) the names and addresses of its officers, highly 
     compensated employees, contact person, custodian of records, 
     and members of its Board of Directors,
       ``(D) the name and address of, and relationship to, any 
     related entities (within the meaning of section 168(h)(4)), 
     and
       ``(E) such other information as the Secretary may require 
     to carry out the internal revenue laws.
       ``(4) Effect of failure.--In the case of an organization 
     failing to meet the requirements of paragraph (1) for any 
     period, the taxable income of such organization shall be 
     computed by taking into account any exempt function income 
     (and any deductions directly connected with the production of 
     such income).
       ``(5) Exceptions.--This subsection shall not apply to any 
     organization--
       ``(A) to which this section applies solely by reason of 
     subsection (f)(1), or
       ``(B) which reasonably anticipates that it will not have 
     gross receipts of $25,000 or more for any taxable year.
       ``(6) Coordination with other requirements.--This 
     subsection shall not apply to any person required (without 
     regard to this subsection) to report under the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) as a 
     political committee.''.
       (b) Disclosure Requirements.--
       (1) Inspection at internal revenue service offices.--
       (A) In general.--Section 6104(a)(1)(A) of the Internal 
     Revenue Code of 1986 (relating to public inspection of 
     applications) is amended--
       (i) by inserting ``or a political organization is exempt 
     from taxation under section 527 for any taxable year'' after 
     ``taxable year'',
       (ii) by inserting ``or notice of status filed by the 
     organization under section 527(i)'' before ``, together'',
       (iii) by inserting ``or notice'' after ``such application'' 
     each place it appears,
       (iv) by inserting ``or notice'' after ``any application'',
       (v) by inserting ``for exemption from taxation under 
     section 501(a)'' after ``any organization'' in the last 
     sentence, and
       (vi) by inserting ``or 527'' after ``section 501'' in the 
     heading.
       (B) Conforming amendment.--The heading for section 6104(a) 
     of such Code is amended by inserting ``or notice of status'' 
     before the period.
       (2) Inspection of notice on internet and in person.--
     Section 6104(a) of such Code is amended by adding at the end 
     the following new paragraph:
       ``(3) Information available on internet and in person.--
       ``(A) In general.--The Secretary shall make publicly 
     available, on the Internet and at the offices of the Internal 
     Revenue Service--
       ``(i) a list of all political organizations which file a 
     notice with the Secretary under section 527(i), and
       ``(ii) the name, address, electronic mailing address, 
     custodian of records, and contact person for such 
     organization.
       ``(B) Time to make information available.--The Secretary 
     shall make available the information required under 
     subparagraph (A) not later than 5 business days after the 
     Secretary receives a notice from a political organization 
     under section 527(i).''.
       (3) Inspection by committee of congress.--Section 
     6104(a)(2) of such Code is amended by inserting ``or notice 
     of status of any political organization which is exempt from 
     taxation under section 527 for any taxable year'' after 
     ``taxable year''.
       (4) Public inspection made available by organization.--
     Section 6104(d) of such Code (relating to public inspection 
     of certain annual returns and applications for exemption) is 
     amended--
       (A) by striking ``and Applications for Exemption'' and 
     inserting ``, Applications for Exemption, and Notices of 
     Status'' in the heading,
       (B) by inserting ``or notice of status under section 
     527(i)'' after ``section 501'' and by inserting ``or any 
     notice materials'' after ``materials'' in paragraph 
     (1)(A)(ii),
       (C) by inserting or ``or such notice materials'' after 
     ``materials'' in paragraph (1)(B), and
       (D) by adding at the end the following new paragraph:
       ``(6) Notice materials.--For purposes of paragraph (1), the 
     term `notice materials' means the notice of status filed 
     under section 527(i) and any papers submitted in support of 
     such notice and any letter or other document issued by the 
     Internal Revenue Service with respect to such notice.''.
       (c) Failure To Make Public.--Section 6652(c)(1)(D) of the 
     Internal Revenue Code of 1986 (relating to public inspection 
     of applications for exemption) is amended--
       (1) by inserting ``or notice materials (as defined in such 
     section)'' after ``section)'', and
       (2) by inserting ``and notice of status'' after 
     ``exemption'' in the heading.
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the amendments made by this section shall take effect on 
     the date of the enactment of this section.
       (2) Organizations already in existence.--In the case of an 
     organization established before the date of the enactment of 
     this section, the time to file the notice under section 
     527(i)(2) of the Internal Revenue Code of 1986, as added by 
     this section, shall be 30 days after the date of the 
     enactment of this section.
       (3) Information availability.--The amendment made by 
     subsection (b)(2) shall take effect on the date that is 45 
     days after the date of the enactment of this section.

     SEC. 2. DISCLOSURES BY POLITICAL ORGANIZATIONS.

       (a) Required Disclosure of 527 Organizations.--Section 527 
     of the Internal Revenue Code of 1986 (relating to political 
     organizations), as amended by section 1(a), is amended by 
     adding at the end the following new section:
       ``(j) Required Disclosure of Expenditures and 
     Contributions.--
       ``(1) Denial of exemption.--An organization shall not be 
     treated as an organization described in this section unless 
     it makes the required disclosures under paragraph (2).
       ``(2) Required disclosure.--A political organization which 
     accepts a contribution, or makes an expenditure, for an 
     exempt function during any calendar year shall file with the 
     Secretary either--
       ``(A)(i) in the case of a calendar year in which a 
     regularly scheduled election is held--
       ``(I) quarterly reports, beginning with the first quarter 
     of the calendar year in which a contribution is accepted or 
     expenditure is made, which shall be filed not later than the 
     15th day after the last day of each calendar quarter, except 
     that the report for the quarter ending on December 31 of such 
     calendar year shall be filed not later than January 31 of the 
     following calendar year,
       ``(II) a pre-election report, which shall be filed not 
     later than the 12th day before (or posted by registered or 
     certified mail not later than the 15th day before) any 
     election with respect to which the organization makes a 
     contribution or expenditure, and which shall be complete as 
     of the 20th day before the election, and
       ``(III) a post-general election report, which shall be 
     filed not later than the 30th day after the general election 
     and which shall be complete as of the 20th day after such 
     general election, and
       ``(ii) in the case of any other calendar year, a report 
     covering the period beginning January 1 and ending June 30, 
     which shall be filed no later than July 31 and a report 
     covering the period beginning July 1 and ending December 31, 
     which shall be filed no later than January 31 of the 
     following calendar year, or

[[Page 9761]]

       ``(B) monthly reports for the calendar year, beginning with 
     the first month of the calendar year in which a contribution 
     is accepted or expenditure is made, which shall be filed not 
     later than the 20th day after the last day of the month and 
     shall be complete as if the last day of the month, except 
     that, in lieu of filing the reports otherwise due in November 
     and December of any year in which a regularly scheduled 
     general election is held, a pre-general election report shall 
     be filed in accordance with subparagraph (A)(i)(II), a post-
     general election report shall be filed in accordance with 
     subparagraph (A)(i)(III), and a year end report shall be 
     filed not later than January 31 of the following calendar 
     year.
       ``(3) Contents of report.--A report required under 
     paragraph (2) shall contain the following information:
       ``(A) The amount of each expenditure made to a person if 
     the aggregate amount of expenditures to such person during 
     the calendar year equals or exceeds $500 and the name and 
     address of the person (in the case of an individual, include 
     the occupation and name of employer of such individual).
       ``(B) The name and address (in the case of an individual, 
     include the occupation and name of employer of such 
     individual) of all contributors which contributed an 
     aggregate amount of $200 or more to the organization during 
     the calendar year and the amount of the contribution.

     Any expenditure or contribution disclosed in a previous 
     reporting period is not required to be included in the 
     current reporting period.
       ``(4) Contracts to spend or contribute.--For purposes of 
     this subsection, a person shall be treated as having made an 
     expenditure or contribution if the person has contracted or 
     is otherwise obligated to make the expenditure or 
     contribution.
       ``(5) Coordination with other requirements.--This 
     subsection shall not apply--
       ``(A) to any person required (without regard to this 
     subsection) to report under the Federal Election Campaign Act 
     of 1971 (2 U.S.C. 431 et seq.) as a political committee,
       ``(B) to any State or local committee of a political party 
     or political committee of a State or local candidate,
       ``(C) to any organization which reasonably anticipates that 
     it will not have gross receipts of $25,000 or more for any 
     taxable year,
       ``(D) to any organization to which this section applies 
     solely by reason of subsection (f)(1), or
       ``(E) with respect to any expenditure which is an 
     independent expenditure (as defined in section 301 of such 
     Act).
       ``(6) Election.--For purposes of this subsection, the term 
     `election' means--
       ``(A) a general, special, primary, or runoff election for a 
     Federal office,
       ``(B) a convention or caucus of a political party which has 
     authority to nominate a candidate for Federal office,
       ``(C) a primary election held for the selection of 
     delegates to a national nominating convention of a political 
     party, or
       ``(D) a primary election held for the expression of a 
     preference for the nomination of individuals for election to 
     the office of President.''.
       (b) Public Disclosure of Reports.--
       (1) In general.--Section 6104(d) of the Internal Revenue 
     Code of 1986 (relating to public inspection of certain annual 
     returns and applications for exemption), as amended by 
     section 1(b)(4), is amended--
       (A) by inserting ``Reports,'' after ``Returns,'' in the 
     heading,
       (B) in paragraph (1)(A), by striking ``and'' at the end of 
     clause (i), by inserting ``and'' at the end of clause (ii), 
     and by inserting after clause (ii) the following new clause:
       ``(iii) the reports filed under section 527(j) (relating to 
     required disclosure of expenditures and contributions) by 
     such organization,'', and
       (C) in paragraph (1)(B), by inserting ``, reports,'' after 
     ``return''.
       (2) Disclosure of contributors allowed.--Section 
     6104(d)(3)(A) of such Code (relating to nondisclosure of 
     contributors, etc.) is amended by inserting ``or a political 
     organization exempt from taxation under section 527'' after 
     ``509(a))''.
       (3) Disclosure by internal revenue service.--Section 
     6104(d) of such Code is amended by adding at the end the 
     following new paragraph:
       ``(6) Disclosure of reports by internal revenue service.--
     Any report filed by an organization under section 527(j) 
     (relating to required disclosure of expenditures and 
     contributions) shall be made available to the public at such 
     times and in such places as the Secretary may prescribe.''.
       (c) Failure To Make Public.--Section 6652(c)(1)(C) of the 
     Internal Revenue Code of 1986 (relating to public inspection 
     of annual returns) is amended--
       (1) by inserting ``or report required under section 
     527(j)'' after ``filing)'',
       (2) by inserting ``or report'' after ``1 return'', and
       (3) by inserting ``and reports'' after ``returns'' in the 
     heading.
       (d) Effective Date.--The amendment made by subsection (a) 
     shall apply to expenditures made and contributions received 
     after the date of enactment of this Act, except that such 
     amendment shall not apply to expenditures made, or 
     contributions received, after such date pursuant to a 
     contract entered into on or before such date.

     SEC. 3. RETURN REQUIREMENTS RELATING TO SECTION 527 
                   ORGANIZATIONS.

       (a) Return Requirements.--
       (1) Organizations required to file.--Section 6012(a)(6) of 
     the Internal Revenue Code of 1986 (relating to political 
     organizations required to make returns of income) is amended 
     by inserting ``or which has gross receipts of $25,000 or more 
     for the taxable year (other than an organization to which 
     section 527 applies solely by reason of subsection (f)(1) of 
     such section)'' after ``taxable year''.
       (2) Information required to be included on return.--Section 
     6033 of such Code (relating to returns by exempt 
     organizations) is amended by redesignating subsection (g) as 
     subsection (h) and inserting after subsection (f) the 
     following new subsection:
       ``(g) Returns Required by Political Organizations.--In the 
     case of a political organization required to file a return 
     under section 6012(a)(6)--
       ``(1) such organization shall file a return--
       ``(A) containing the information required, and complying 
     with the other requirements, under subsection (a)(1) for 
     organizations exempt from taxation under section 501(a), and
       ``(B) containing such other information as the Secretary 
     deems necessary to carry out the provisions of this 
     subsection, and
       ``(2) subsection (a)(2)(B) (relating to discretionary 
     exceptions) shall apply with respect to such return.''.
       (b) Public Disclosure of Returns.--
       (1) Returns made available by secretary.--
       (A) In general.--Section 6104(b) of the Internal Revenue 
     Code of 1986 (relating to inspection of annual information 
     returns) is amended by inserting ``6012(a)(6),'' before 
     ``6033''.
       (B) Contributor information.--Section 6104(b) of such Code 
     is amended by inserting ``or a political organization exempt 
     from taxation under section 527'' after ``509(a)''.
       (2) Returns made available by organizations.--
       (A) In general.--Paragraph (1)(A)(i) of section 6104(d) of 
     such Code (relating to public inspection of certain annual 
     returns, reports, applications for exemption, and notices of 
     status) is amended by inserting ``or section 6012(a)(6) 
     (relating to returns by political organizations)'' after 
     ``organizations)''.
       (B) Conforming amendments.--
       (i) Section 6104(d)(1) of such Code is amended in the 
     matter preceding subparagraph (A) by inserting ``or an 
     organization exempt from taxation under section 527(a)'' 
     after ``501(a)''.
       (ii) Section 6104(d)(2) of such Code is amended by 
     inserting ``or section 6012(a)(6)'' after ``section 6033''.
       (c) Failure To File Return.--Section 6652(c)(1) of the 
     Internal Revenue Code of 1986 (relating to annual returns 
     under section 6033) is amended--
       (1) by inserting ``or section 6012(c)(6) (relating to 
     returns by political organizations)'' after 
     ``organizations)'' in subparagraph (A)(i),
       (2) by inserting ``or section 6012(c)(6)'' after ``section 
     6033'' in subparagraph (A)(ii),
       (3) by inserting ``or section 6012(c)(6)'' after ``section 
     6033'' in the third sentence of subparagraph (A), and
       (4) by inserting ``or 6012(c)(6)'' after ``section 6033'' 
     in the heading.
       (d) Effective Date.--The amendments made by this section 
     shall apply to returns for taxable years beginning after June 
     30, 2000.

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