[Congressional Record (Bound Edition), Volume 147 (2001), Part 10]
[Senate]
[Pages 14890-14902]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. REID (for himself and Mr. Ensign):
  S. 1257. A bill to require the Secretary of the Interior to conduct a 
theme study to identify sites and resources to commemorate and 
interpret the cold war; to the Committee on Energy and Natural 
Resources.
  Mr. REID. Mr. President, the cold war was the longest war in United 
States history. Lasting 50 years, the cold war cost thousands of lives, 
trillions of dollars, changed the course of history, and left America 
the only superpower in the world. Because of the nuclear capabilities 
of our enemy it was the most dangerous conflict our country ever faced. 
The threat of mass destruction left a permanent mark on American life 
and politics. Those that won this war did so in obscurity. Those that 
gave their lives in the cold war have never been properly honored.
  Today I introduce a bill that requires the Department of the Interior 
to conduct a study to identify sites and resources to commemorate 
heroes of the cold war and to interpret the cold war for future 
generations. My legislation directs the Secretary of the Interior to 
establish a ``Cold War Advisory Committee'' to oversee the inventory of 
cold war sites and resources for potential inclusion in the National 
Park System; as national historic landmarks; or other appropriate 
designations.
  The Advisory Committee will work closely with State and local 
governments and local historical organizations. The committee's 
starting point will be a cold war study completed by the Secretary of 
Defense under the 1991 Defense Appropriations Act. Obvious cold war 
sites of significance include: Intercontinental ballistic missiles; 
flight training centers; communications and command centers, such as 
Cheyenne Mountain, Colorado; nuclear weapons test sites, such as the 
Nevada test site, and strategic and tactical resources.
  Perhaps no other State in the Union has played a more significant 
role than Nevada in winning the cold war. The Nevada Test Site is a 
high-technology engineering marvel where the United States developed, 
tested, and perfected a nuclear deterrent which is the cornerstone of 
America's security and leadership among Nations. The Naval Air Station 
at Fallon is the Navy's premiere tactical air warfare training 
facility. The Air Warfare Center at Nellis Air Force Base has the 
largest training range in the United States to ensure that America's 
pilots will prevail in any armed conflict.
  The Advisory Committee established under this legislation will 
develop an interpretive handbook on the cold war to tell the story of 
the cold war and its heroes.
  I'd like to take a moment to relate a story of one group of cold war 
heroes.
  On a snowy evening in November 17, 1955, a United States Air Force C-
54 crashed near the summit of Mount Charleston in central Nevada. The 
doomed flight was carrying 15 scientific and technical personnel to 
secret Area 51 where the U-2 reconnaissance plane, of Francis Powers 
fame, was being developed under tight security. The men aboard the ill-
fated C-54 helped build the plane which critics said could never be 
built. The critics were wrong, the U-2 is a vital part of our 
reconnaissance force to this day. The secrecy of the mission was so 
great that the families of the men who perished on Mount Charleston 
only recently learned about the true circumstances of the crash that 
took the lives of their loved ones. My legislation will provide 
$300,000 to identify historic landmarks like the crash at Mount 
Charleston. I'd like to thank Mr. Steve Ririe of Las Vegas who brought 
to light the events surrounding the death of the fourteen men who 
perished on Mount Charleston nearly a half century ago, and for the 
efforts of State Senator Rawson who shepherded a resolution through the 
Nevada legislature to commemorate these heroes.
  A grateful nation owes its gratitude to the ``Silent Heroes of the 
Cold War.'' I urge my colleagues to support this long overdue tribute 
to the contribution and sacrifice of those cold war heroes for the 
cause of freedom.
                                 ______
                                 
      By Mr. DORGAN (for himself, Mr. DeWine, Mr. Conrad, and Ms. 
        Landrieu):
  S. 1258. A bill to improve academic and social outcomes for teenage 
youth; to the Committee on the Judiciary.
  Mr. DORGAN. Mr. President, today I am introducing the YMCA Teen 
Action Agenda Enhancement Act of 2001, along with my colleague Mr. 
DeWine. This

[[Page 14891]]

bipartisan legislation will enable the YMCA to reach more teenagers 
across the United States who are in need of safe, structured after-
school activities.
  Unfortunately, the evidence is all around us that our young people 
today need some extra care and support. Kids today face challenges and 
obstacles that I never dreamed about when I was growing up in Regent. 
Children are killing other children because they covet their tennis 
shoes or their jackets. Kids are having kids. One-quarter of 
adolescents report that they have used illegal drugs.
  Part of the problem is the temptation that kids face when they have 
too much idle time on their own. Every day, millions of American teens 
are left unsupervised after school. Studies have shown that teens who 
are unsupervised during these hours are more likely to smoke 
cigarettes, drink alcohol, engage in sexual activity, and become 
involved in delinquent behavior than those teens who participate in 
structured, supervised after-school activities. Also, nearly 80 percent 
of teens who are involved in after-school activities are A or B 
students, while only half of those who are not involved earn these 
grades. Two out of every 3 teens said that they would participate in 
after-school programs to help them improve academically, if such 
programs were offered.
  The YMCA is an exemplary organization that is dedicated to serving 
our nation's youth, and it wants to help them even more. Nearly 2.4 
million teenagers, 1 out of every 10, are involved in a program offered 
by their local YMCA. The Y is a safe place for kids during after school 
hours. Teens participate in hundreds of programs that feature tutoring 
and academics, sports, mentoring, community service and life skills. To 
serve more teens who are in need of structured after-school programs, 
the YMCA has set a goal of doubling the number of teens served to 1 out 
of every 5 teens by 2005. This ambitious campaign is called the Teen 
Action Agenda.
  The bill that I offer today provides funding to help the YMCA reach 
teens who want and need more after-school activities. This piece of 
legislation authorizes Federal appropriations of $20 million per year 
for fiscal years 2002 through 2006 for the YMCA to implement its Teen 
Action Agenda. This funding would in turn be distributed to local YMCAs 
that are located in all 50 States and the District of Columbia. Similar 
legislation was passed in the 105th Congress for the Boys and Girls 
Club and in the 106th Congress for the Police Athletic League to aid in 
their efforts to reach out to youth. The YMCA is an established and 
proven organization that is in the position to reach and influence 
thousands of teenagers who are in danger of falling through the cracks.
  This bill will encourage public-private partnerships and leverage 
additional funding for teen programs. This legislation contains a 
matching component that will be met by the YMCA through local and 
private support. The matching component, along with the support the 
YMCA programs receive from national corporate sponsors, will turn $20 
million in Federal funds into $50 million that will be invested in 
proven programs that serve the teens who are most in need.
  In my State, there are six YMCAs that serve North Dakota teens. 
Through programs focusing on education, life skills, safety, 
leadership, and service learning, these YMCAs helped 12,500 teens in my 
State develop character and build confidence within the last year.
  One example of how the YMCA reaches teens is the Teen Board recently 
established in Fargo. This board is comprised of teenage 
representatives who advise the YMCA and other community residents on 
issues and concerns affecting local teens. Similar teen programs have 
been created at the other YMCAs in my State. The legislation I 
introduce today will provide funding for these YMCAs to expand these 
important programs.
  Nationwide, YMCAs partner with 400 juvenile courts, 300 housing 
authorities and over 2,500 public schools. While the YMCA is national 
in scope, they are local in control and every program is designed and 
evaluated to meet the communities' unique needs. I am confident that 
this bill will help the YMCA to continue to provide successful 
solutions for our Nation's teens and their families.
  Edmund Burke once said, ``All that is necessary for evil to triumph 
is for good people to do nothing.'' This legislation will provide good 
volunteers in YMCAs across the country with the additional resources 
they need to reach more teens. This bill represents a small step we can 
take to reach out to at-risk teens in communities across the Nation. 
For the sake of our children's future, I urge my Senate colleagues to 
join me in cosponsoring this piece of legislation.
                                 ______
                                 
      By Mr. BROWNBACK (for himself, Mr. Graham, and Mr. Helms):
  S. 1259. A bill to amend the Immigration and Nationality Act with 
respect to the admission of nonimmigrant nurses; to the Committee on 
the Judiciary.
  Mr. BROWNBACK. Madam President, I rise today to introduce the Rural 
and Urban Health Care Act of 2001. I want to thank my cosponsors 
Senator Graham and Senator Helms for their support and leadership on 
this vital issue.
  Nothing can traumatize a family more than a medical emergency, 
particularly one that may have been prevented by timely access to a 
needed medical professional. In Kansas, I know many communities that 
would be without a doctor if it was not for an immigrant physician. I 
know that many communities both in Kansas and around the country would 
benefit from a greater number of not only doctors, but nurses, nurse 
aides, radiologists, medical technicians, and other health-care 
professionals.
  In the area of nurses, it's become apparent that the problem has 
developed into one of national significance.
  According to the American Organization of Nurse Executives, ``A 
nursing shortage is emerging nationwide that is fueled by age-related 
career retirements, small to moderate increases in job creation, and 
reduced nursing school enrollments. Job replacement-related demands due 
to registered nurse age-related retirements are expected to increase 
rapidly over the next 5 to 15 years.''
  According to data from the Department of Health and Numan Services, 
today 18.3 percent of registered nurses are under the age of 35, 
compared to over 40 percent in 1980. Today, only nine percent of 
registered nurses are under the age of 30, compared to 25 percent in 
1980.
  Projections by economists Peter Buerhaus, Douglas Staiger, and David 
Auerbach show that by the year 2020, the number of registered nurses 
working in America will be ``20 percent below the projected need.''
  I believe this legislation contains many crucial elements that would 
benefit many health care providers and the patients they serve.
  First, the legislation amends the H-1C category established in the 
``Nursing Relief for Disadvantaged Areas of 1999. The problem with that 
category is that it allows only a handful of health care facilities 
throughout the country to hire nurses on temporary visas. That makes 
little sense. We should open the category up to facilities in all 
States, rather than select a handful of hospitals that alone would be 
allowed to hire foreign nurses on temporary visas. In addition, the 
bill streamlines some of the current processes to remove redundancy and 
situations that impede the arrival of nurses to work and help patients 
in the United States.
  Second, the legislation retains stringent labor protections 
established previously for the H-1C category on wages, layoffs and 
strikes.
  Third, the bill authorizes appropriations for the Secretary of Health 
and Human Services to work with states to develop programs aimed at 
increasing the domestic supply of nurses in the United States.
  Finally, the legislation expands an already successful program by 
increasing from 20 to 40 waivers for foreign physicians that may be 
exercised by a

[[Page 14892]]

particular State, as well allowing a carryover of any unused waivers to 
the next fiscal year. It also eliminates the sunset date of the 
program.
  This bill does not attempt to solve all problems related to this 
issue. Other, more expensive solutions, primarily very long-term, may 
emerge from the HELP or Finance committees. However, it is not possible 
in one bill to address all outstanding financial or labor issues 
present in today's hospitals and nursing homes. Indeed, many of these 
issues will have to be addressed at the State level. But simply because 
we cannot solve all of today's health-care problems, does not mean that 
we abdicate our responsibility to find practical solutions to help real 
people.
  I think this bill provides real and immediate help for problems that 
are only going to grew worse the longer we wait to address them.
  I ask unanimous consent that the text of the bill and a section by 
section summary of the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1259

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rural and Urban Health Care 
     Act of 2001''.

     SEC. 2. REQUIREMENTS FOR ADMISSION OF NONIMMIGRANT NURSES.

       (a) Requirements.--Section 212(m) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(m)) is amended to read as 
     follows:
       ``(m)(1) The qualifications referred to in the section 
     101(a)(15)(i)(c), with respect to an alien who is coming to 
     the United States to perform nursing services for a facility, 
     are that the alien--
       ``(A) has obtained a full and unrestricted license to 
     practice professional nursing in the country where the alien 
     obtained nursing education, or has received nursing education 
     in the United States or Canada;
       ``(B) has passed the examination given by the Commission on 
     Graduates of Foreign Nursing Schools (or has passed another 
     appropriate examination recognized in regulations promulgated 
     in consultation with the Secretary of Health and Human 
     Services), or has a full and unrestricted license under State 
     law to practice professional nursing in the State of intended 
     employment; and
       ``(C) is fully qualified and eligible under the laws 
     (including such temporary or interim licensing requirements 
     which authorize the nurse to be employed) governing the place 
     of intended employment to take the State licensure 
     examination after entry into the United States, and the lack 
     of a social security number shall not indicate a lack of 
     eligibility to take the State licensure examination.
       ``(2)(A) The attestation referred to in section 
     101(a)(15)(H)(i)(c), with respect to a facility for which an 
     alien will perform services, is an attestation as to the 
     following:
       ``(i) The employment of the alien will not adversely affect 
     the wages and working conditions of registered nurses 
     similarly employed at the facility.
       ``(ii) The alien employed by the facility will be paid the 
     wage rate for registered nurses similarly employed by the 
     facility.
       ``(iii) There is not a strike or lockout in the course of a 
     labor dispute, the facility did not lay off and will not lay 
     off a registered staff nurse who provides patient care and 
     who is employed by the facility within the period beginning 
     90 days before and ending 90 days after the date of filing of 
     any visa petition for clarification of such an alien under 
     section 101(a)(15)(H)(i)(c), and the employment of such an 
     alien is not intended or designed to influence an election 
     for a bargaining representative for registered nurses of the 
     facility.
       ``(iv) At the time of the filing of the petition for 
     registered nurses under section 101(a)(15)(H)(i)(c), notice 
     of the filing has been provided by the facility to the 
     bargaining representative of the registered nurses at the 
     facility or, where there is no such bargaining 
     representative, notice of the filing has been provided to the 
     registered nurses employed by the employer at the facility 
     through posting in conspicuous locations.
       ``(v) The facility will not, with respect to any alien 
     issued a visa or otherwise provided nonimmigrant status under 
     section 101(a)(15)(H)(i)(c)--
       ``(I) authorize the alien to perform nursing services at 
     any worksite other than a worksite controlled by the 
     facility; or
       ``(II) transfer the place of employment of the alien from 
     one worksite to another.
       ``(B) A copy of the attestation shall be provided, within 
     30 days of the date of filing, to registered nurses employed 
     at the facility on the date of filing.
       ``(C) The Secretary of Labor shall review an attestation 
     only for completeness and obvious inaccuracies. Unless the 
     Secretary finds that the attestation is incomplete or 
     obviously inaccurate, the Secretary shall certify the 
     attestation within 7 calendar days of the date of the filing 
     of the attestation. If the attestation is not returned to the 
     facility within 7 calendar days, the attestation shall be 
     deemed certified.
       ``(D) Subject to subparagraph (F), an attestation under 
     subparagraph (A)--
       ``(i) shall expire on the date that is the later of--
       ``(I) the end of the three-year period beginning on the 
     date of its filing with the Secretary; or
       ``(II) the end of the period of admission under section 
     101(a)(15)(H)(i)(c) of the last alien with respect to whose 
     admission it was applied (in accordance with clause (ii)); 
     and
       ``(ii) shall apply to petitions filed during the three-year 
     period beginning on the date of its filing with the Secretary 
     if the facility states in each such petition that it 
     continues to comply with the conditions in the attestation.
       ``(E) A facility may meet the requirements under this 
     paragraph with respect to more than one registered nurse in a 
     single petition.
       ``(F)(i) The Secretary shall compile and make available for 
     public examination in a timely manner in Washington, D.C., a 
     list identifying facilities which have filed petitions for 
     classification of nonimmigrants under section 
     101(a)(15)(H)(i)(c) and, for each such facility, a copy of 
     the facility's attestation under subparagraph (A) and each 
     such petition filed by the facility.
       ``(ii) The Secretary shall establish a process, including 
     reasonable time limits, for the receipt, investigation, and 
     disposition of complaints respecting a facility's failure to 
     meet conditions attested to or a facility's misrepresentation 
     of a material fact in an attestation. Complaints may be filed 
     by any aggrieved person or organization (including bargaining 
     representatives, associations deemed appropriate by the 
     Secretary, and other aggrieved parties as determined under 
     regulations of the Secretary, but excluding any governmental 
     agency or entity). The Secretary shall conduct an 
     investigation under this clause if there is probable cause to 
     believe that a facility willfully failed to meet conditions 
     attested to. Subject to the time limits established under 
     this clause, this subparagraph shall apply regardless of 
     whether or not an attestation is expired or unexpired at the 
     time a complaint is filed.
       ``(iii) Under such process, the Secretary shall provide, 
     within 180 days after the date such a complaint is filed, for 
     a determination as to whether or not a basis exists to make a 
     finding described in clause (iv). If the Secretary determines 
     that such a basis exists, the Secretary shall provide for 
     notice of such determination to the interested parties and an 
     opportunity for a hearing on the complaint within 60 days of 
     the date of the determination.
       ``(iv) If the Secretary finds, after notice and opportunity 
     for a hearing, that a facility (for which an attestation is 
     made) has willfully failed to meet a condition attested to or 
     that there was a willful misrepresentation of material fact 
     in the attestation, the Secretary shall notify the Attorney 
     General of such finding and may, in addition, impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $1,000 per nurse per 
     violation, with the total penalty not to exceed $10,000 per 
     violation) as the Secretary determines to be appropriate. 
     Upon receipt of such notice, the Attorney General shall not 
     approve petitions filed with respect to a facility during a 
     period of at least one year for nurses to be employed by the 
     facility.
       ``(v) In addition to the sanctions provided for under 
     clause (iv), if the Secretary finds, after notice and an 
     opportunity for a hearing, that a facility has violated the 
     condition attested to under subparagraph (A)(ii) (relating to 
     payment of registered nurses at the facility wage rate), the 
     Secretary shall order the facility to provide for payment of 
     such amounts of back pay as may be required to comply with 
     such condition.
       ``(G)(i) The Secretary shall impose on a facility filing an 
     attestation under subparagraph (A) a filing fee in an amount 
     prescribed by the Secretary based on the costs of carrying 
     out the Secretary's duties under this subsection, but not 
     exceeding $250.
       ``(ii) Fees collected under this subparagraph shall be 
     deposited in a fund established for this purpose in the 
     Treasury of the United States.
       ``(iii) The collected fees in the fund shall be available 
     to the Secretary, to the extent and in such amounts as may be 
     provided in appropriations Acts, to cover the costs described 
     in clause (i), in addition to any other funds that are 
     available to the Secretary to cover such costs.
       ``(3) The period of admission of an alien under section 
     101(a)(15)(H)(i)(c) shall be for an initial period not to 
     exceed three years, subject to an extension for a period or 
     periods not to exceed a total period of admission of six 
     years.
       ``(4) A facility that has filed a petition under section 
     101(a)(15)(H)(i)(c) to employ a nonimmigrant to perform 
     nursing services for the facility--

[[Page 14893]]

       ``(A) shall provide the nonimmigrant a wage rate and 
     working conditions commensurate with those of nurses 
     similarly employed by the facility; and
       ``(B) shall not interfere with the right of the 
     nonimmigrant to join or organize a union.
       ``(5)(A) For purposes of paragraph (2)(A)(iii), the term 
     `lay off', with respect to a worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer at 
     equivalent or higher compensation and benefits than the 
     position from which the employee was discharged, regardless 
     of whether or not the employee accepts the offer.
       ``(B) Nothing in this paragraph is intended to limit an 
     employee's or an employer's rights under a collective 
     bargaining agreement or other employment contract.
       ``(6) For purposes of this subsection and section 
     101(a)(15)(H)(i)(c), the term `facility' includes a hospital, 
     nursing home, skilled nursing facility, registry, clinic, 
     assisted-living center, and an employer who employs any 
     registered nurse in a home setting.
       ``(7) Except as otherwise provided, in this subsection, the 
     term `Secretary' means the Secretary of Labor.''.
       (b) Implementation.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary of Labor (in 
     consultation, to the extent required, with the Secretary of 
     Health and Human Services) and the Attorney General shall 
     promulgate final or interim final regulations to carry out 
     section 212(m) of the Immigration and Nationality Act (as 
     amended by subsection (a)) The amendments made by this 
     section shall take effect not later than 90 days after the 
     date of the enactment of this Act, without regard to whether 
     or not regulations to carry out such amendments have been 
     promulgated by such date.

     SEC. 3. REPEAL.

       Section 3 of the Nursing Relief for Disadvantaged Areas Act 
     of 1999 (Public Law 106-95; 8 U.S.C. 1182 note; relating to 
     recommendations for alternative remedy for nursing shortage) 
     is repealed.

     SEC. 4. QUALIFICATION FOR CERTAIN ALIEN NURSES.

       (a) Elimination of Certain Grounds of Inadmissability.--
     Section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182) is amended by striking subsections (a)(5)(C) and (r).
       (b) Procedure for Granting Immigrant Status.--Section 
     204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 
     1154(a)(1)(F)) is amended by adding at the end the following 
     new sentence: ``Any such petition filed on behalf of an alien 
     who will be employed as a professional nurse shall include 
     evidence that the alien--
       ``(i) has passed--

       ``(I) the examination given by the Commission on Graduates 
     of Foreign Nursing Schools (CGFNS); or
       ``(II) another appropriate examination recognized in 
     regulations promulgated in consultation with the Secretary of 
     Health and Human Services; or

       ``(ii) holds a full and unrestricted license to practice 
     professional nursing in the State of intended employment.''.

     SEC. 5. WAIVERS OF TWO-YEAR FOREIGN RESIDENCE REQUIREMENT.

       (a) In General.--Section 214(l) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(l)) is amended--
       (1) in paragraph (1)(B), by striking ``20'' and inserting 
     ``40, plus the number of waivers specified in paragraph 
     (4)''; and
       (2) by adding at the end the following new paragraph:
       ``(4) The number of waivers specified in this paragraph is 
     the total number of unused waivers allotted to all States for 
     a fiscal year divided by the number of States having no 
     unused waivers remaining in the allotment to those States for 
     that fiscal year.''.
       (b) Elimination of Termination Date.--Section 220(c) of the 
     Immigration and Nationality Technical Corrections Act of 1994 
     (Public Law 103-416, as amended; 8 U.S.C.1182 note) is 
     amended by striking ``and before June 1, 2002''.

     SEC. 6. OTHER MEASURES TO MEET RURAL AND URBAN HEALTH CARE 
                   NEEDS.

       (a) Grant Authority.--The Secretary of Health and Human 
     Services shall award grants to States, local governments, and 
     institutions of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965) to fund training, 
     recruitment, and other activities to increase the supply of 
     domestic registered nurses and other needed health care 
     providers.
       (b) Application.--
       (1) In general.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary of Health and Human Services at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary of 
     Health and Human Services determines to be essential to 
     ensure compliance with the requirements of this section.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Department of Health and Human 
     Services such sums as may be necessary to carry out this 
     section.
                                  ____


    The Rural and Urban Health Care Act of 2001--Section-by-Section


                               section 1.

       The Act may be cited as the ``Rural and Urban Health Care 
     Act of 2001.''


     section 2. requirements for admission of non-immigrant nurses

       Section 212(m) of the Immigration and Nationality Act is 
     amended as follows:
       To qualify, the alien must:
       1. Obtain a full and unrestricted license to practice 
     professional nursing in the country where obtained nursing 
     education, or received nursing education in the U.S. or 
     Canada;
       2. Pass the examination given by the Commission on 
     Graduates of Foreign Nursing Schools (or other appropriate 
     examination recognized in regulations of Secretary of Health 
     and Human Services), or have a full and unrestricted license 
     under State law to practice in state of intended employment;
       3. Is fully qualified and eligible to take the State 
     licensure examination after entry into the U.S., and lacking 
     a social security number shall not indicate a lack of 
     eligibility to take the State licensure exam.
       The attestation with respect to a facility where an alien 
     will perform services (referred to in section 
     101(a)(15)(H)(i)(c)), requires the following:
       1. The employment of the alien will not adversely affect 
     the wages and working conditions of registered nurses 
     similarly employed at the facility;
       2. The alien will be paid the wage rate for nurses 
     similarly employed by the facility;
       3. There is not a labor dispute involving a strike or 
     lockout at the facility, and the facility did not lay off and 
     will not lay off a registered staff nurse for a period 
     beginning 90 days before and after the date of filing of any 
     visa petition, and the employment of such an alien is not 
     intended or designed to influence an election for a 
     bargaining representative for registered nurses of the 
     facility.
       4. At the time of filing of petition for registered nurses, 
     notice of the filing has been given to the bargaining 
     representative of the nurses at the facility, and in the 
     absence of such representative, notice of the filing has been 
     provided to the nurses employed by the employer at the 
     facility through posting in conspicuous locations.
       5. The facility will not:
       a. Authorize the alien to perform nursing services at any 
     work site other than a work site controlled by the facility;
       b. Transfer the place of employment from one work site to 
     another.
       6. A copy of the attestation shall be provided to the 
     nurses at the facility within 30 days of the date of filing.
       7. The Secretary of Labor shall review an attestation only 
     for completeness and obvious inaccuracies, and shall certify 
     the attestation within 7 days of date of filing. If not 
     returned within 7 days, the attestation shall be deemed 
     certified.
       8. An Attestation shall:
       a. Expire on the date that is the later of:
       1. The end of the three-year period beginning on the date 
     of its filing with the Secretary, or
       2. The end of the period of admission of the last alien 
     section 101(a)(15)(H)(i)(c) was applied; and
       b. Apply to petitions filed during the three-year period if 
     the facility states in each petition that it continues to 
     comply with the conditions in the attestation.
       9. A facility may meet the requirements listed above with 
     respect to more than one registered nurse in a single 
     petition.
       10. The Secretary shall:
       a. Compile and make available to the public a list 
     identifying facilities which have filed petitions for 
     classification of nonimmigrants under section 
     101(a)(15)(H)(i)(c), and provide a copy of the attestation 
     filed for each facility.
       b. Establish a process for the receipt, investigation, and 
     disposition of complaints respecting a facility's failure to 
     meet conditions attested to or a facility's misrepresentation 
     of a material fact in an attestation. Complaints may be filed 
     by any aggrieved person or organization (but excluding any 
     governmental agency or entity). The Secretary shall conduct 
     an investigation if there is probable cause to believe that a 
     facility willfully failed to meet conditions attested to. 
     This will apply regardless of whether or not an attestation 
     is expired or unexpired at the time a complaint is filed.
       c. If a complaint is filed, the Secretary shall provide 
     within 180 days of filing, a determination as to if a basis 
     exists to make a finding described below (iv). If such a 
     basis exists, the Secretary shall provide notice of such 
     determination to the interested parties, and an opportunity 
     for a hearing on the complaint within 60 days of the date of 
     determination. The Secretary shall promulgate

[[Page 14894]]

     regulations providing for penalties, including civil monetary 
     fines, upon parties who submit complaints that are found to 
     be frivolous.
       d. After notice and opportunity for hearing, if the 
     Secretary finds that a facility has willfully failed to meet 
     a condition attested to, or that there was willful 
     misrepresentation of material fact, the Secretary shall 
     notify the Attorney General of such finding and may also 
     impose administrative remedies (including civil monetary 
     penalties not to exceed $1000 per nurse per violation, with 
     the total penalty not to exceed $10,000 per violation) as the 
     Secretary deems appropriate. Upon receipt of such notice, the 
     Attorney General shall not approve petitions filed with 
     respect to a facility during a period of at least one year 
     for nurses to be employed by the facility.
       e. In addition to the sanctions listed above (iv), if the 
     Secretary finds (after notice and opportunity for hearing) 
     that a facility has violated conditions regarding the payment 
     of registered nurses at the facility wage rate (subparagraph 
     (A)(ii)), the Secretary shall order the facility to provide 
     for payment of back pay to comply with such condition.
       11. The Secretary shall:
       a. Impose a facility filing fee, but not to exceed $250.
       b. Such fees collected shall be deposited in a fund 
     established for this purpose with the Treasury of the United 
     States.
       c. The collected fees shall be available to the Secretary, 
     to the extent provided in appropriation Acts, to cover the 
     costs described above.
       The period of admission of an alien under 
     101(a)(15)(H)(i)(c) shall be for an initial period not to 
     exceed three years, and subject to an extension not to exceed 
     a total period of admission of six years.
       A facility that has filed a petition under 
     101(a)(15)(H)(i)(c) shall:
       1. Provide a wage rate and working conditions the same as 
     those of nurses similarly employed by the facility.
       2. Not interfere with the right of the immigrant to join or 
     organize a union.
       The term ``lay off'' with respect to a worker (for purposes 
     of paragraph (2)(A)(iii)),
       1. Means to cause the worker's loss of employment, other 
     than a discharge for inadequate performance, violation of 
     workplace rules, cause, voluntary departure, voluntary 
     retirement, or the expiration of a grant or contract; but
       2. Does not include any situation in which the workers 
     offered, as an alternative to such loss, a similar employment 
     opportunity with the same employer at equivalent or higher 
     compensation and benefits than the position from which the 
     employee was discharged, regardless of whether or not the 
     employee accepts the offer.
       3. Nothing in this paragraph is intended to limit an 
     employee's or an employer's rights under a collective 
     bargaining agreement or other employment contract.
       The term `facility' includes a hospital, nursing home, 
     skilled nursing facility, registry, clinic, assisted-living 
     center, and an employer who employs any registered nurse in a 
     home setting.
       The term `Secretary' means the Secretary of Labor
       1. Implementation:
       a. No later than 90 days after date of the enactment of 
     this Act, regulations to carry out this amendment shall be 
     made by the Secretary in consultation with the Secretary of 
     Health and Human Services, and the Attorney General. The 
     amendments made shall take effect not later than 90 days 
     after the date of the enactment of this Act, without regard 
     to regulations have been made by that date.


                           Section 3. Repeal

       Section 3 of the Nursing Relief for Disadvantaged Areas As 
     of 1999 is repealed.


           Section 4. Certification for Certain Alien Nurses

       Any such petitions filed on behalf of an alien who will be 
     employed as a professional nurse shall include evidence that 
     the alien has passed: (I) the examination given by the 
     Commission on Graduates of Foreign Nursing Schools; or (II) 
     another appropriate examination recognized in regulations 
     promulgated in consultation with the Secretary of Health and 
     Human Services; or holds a full and unrestricted license to 
     practice professional nursing in the State of intended 
     employment.


   Section 5. Waivers of Two-Year Foreign Residence Requirement for 
                           Foreign Physicians

       Section 214(1) of the Immigration and Nationality Act is 
     amended
       1. In paragraph (1)(B), by striking ``20'' and inserting 
     ``40, plus the number of waivers specified in paragraph 
     (4)''; and
       2. By adding at the end of the following new paragraph: 
     ``(4) The number of waivers specified in this paragraph is 
     the total number of unused waivers allotted to all State for 
     fiscal year divided by the number of States having no unused 
     waivers remaining in the allotment to those States for that 
     fiscal year.''


  Section 6. Other Measures to Meet Rural and Urban health Care Needs

       The Secretary of Health and Human Services shall award 
     grants to States, local governments, and institutions of 
     higher education to fund training, recruitment, and other 
     activities to increase the supply of domestic registered 
     nurses and other needed health care providers. There are 
     authorized such sums as may be necessary to carry out this 
     section.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 1260. A bill to provide funds for the planning of a special census 
of Americans residing abroad; to the Committee on Governmental Affairs.
  Mr. ROCKEFELLER. Madam President, millions of Americans live and work 
overseas. While living abroad, they continue to pay taxes and they can 
vote in our Federal elections. They are American citizens and they want 
to be counted in the next decennial Census in 2010. To achieve this 
goal, it is essential to plan and prepare.
  For several years, I have been working closely with Congresswoman 
Carolyn Maloney. She has been a true leader on the important issues of 
the U.S. Census and I am proud to work with her. The bill I am 
introducing today is the companion bill to H.R. 680. This legislation 
authorizes funding to being the work at the Census Bureau to count 
Americans living overseas. The House Appropriations Committee has 
included some funding for this important initiative which is 
encouraging news.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1260

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

     SECTION 1. FINDINGS; SENSE OF CONGRESS.

       (a) Findings.--Congress finds that--
       (1) an estimated 3,000,000 to 6,000,000 Americans live and 
     work overseas while continuing to vote and pay taxes in the 
     United States;
       (2) Americans residing abroad help increase exports of 
     American goods because they traditionally buy American, sell 
     American, and create business opportunities for American 
     companies and workers, thereby strengthening the United 
     States economy, creating jobs in the United States, and 
     extending United States influence around the globe;
       (3) Americans residing abroad play a key role in advancing 
     this Nation's interests by serving as economic, political, 
     and cultural ``ambassadors'' of the United States; and
       (4) the major business, civic, and community organizations 
     representing Americans and companies of the United States 
     abroad support the counting of all Americans residing abroad 
     by the Bureau of the Census, and are prepared to assist the 
     Bureau of the Census in this task.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the Bureau of the Census should carry out a special 
     census of all Americans residing abroad in 2004;
       (2) the Bureau should, after completing that special 
     census, review the means by which Americans residing abroad 
     may be included in the 2010 decennial census;
       (3) the Bureau should take appropriate measures to provide 
     for the inclusion of Americans residing abroad in the 2010 
     decennial census and decennial censuses thereafter; and
       (4) in order to ensure that the measures specified in the 
     preceding provisions of this subsection can be completed in 
     timely fashion, the Bureau should begin planning as soon as 
     possible for the special census described in paragraph (1).

     SEC. 2. FUNDING TO BEGIN PLANNING FOR A SPECIAL CENSUS OF 
                   AMERICANS RESIDING ABROAD.

       For necessary expenses in connection with the planning of a 
     special census of Americans residing abroad (as described in 
     section 1(b)(1)), there is appropriated, out of any money in 
     the Treasury not otherwise appropriated, $5,000,000 for 
     fiscal year 2002, to remain available until expended.
                                 ______
                                 
      By Mr. ROCKEFELLER:
  S. 1261. A bill to amend the Uniformed and Overseas Citizens Absentee 
Voting Act to increase the ability of absent uniformed services voters 
and overseas voters to participate in elections for Federal office, and 
for other purposes; to the Committee on Rules and Administration.
  Mr. ROCKEFELLER. Madam President, millions of Americans live abroad, 
serving in our military or working in foreign countries. These 
Americans pay taxes and have the right to vote. They deserve to know 
that their votes will be counted.
  Today, I am introducing legislation designed to streamline and 
improve the

[[Page 14895]]

process for absentee ballots to help ensure that Americans living 
overseas can participate in American elections. The bill is called the 
Uniformed and Overseas Citizen Absentee Voting Reform Act. It is based 
on the bipartisan legislation introduced in the House of 
Representatives by Congresswoman Carolyn Maloney and Congressman Thomas 
Reynolds. This bill is developed through recommendations of overseas 
Americans.
  Our goal is to help both military and civilian citizens overseas to 
participate in elections. The right to vote is important in our 
country, and we need to encourage all of our citizens, including those 
millions living abroad, to participate in elections.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1261

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Uniformed and Overseas 
     Citizen Absentee Voting Reform Act of 2001''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Approximately 3,000,000 to 6,000,000 American citizens, 
     including 576,000 Federal employees and their overseas 
     dependents in the armed services and in other Federal 
     agencies, live permanently or temporarily reside outside the 
     50 States and the District of Columbia.
       (2) The members of the armed services, their dependents, 
     other employees of the Federal Government and their 
     dependents, and the approximately 3,000,000 to 5,500,000 
     other American citizens abroad make an inestimable 
     contribution to the security, economic well-being, and 
     cultural vitality of the United States.
       (3) Although great progress has been made in recent decades 
     in assuring that these citizens have the chance to 
     participate fully in our democratic process, the national 
     elections of November 2000 revealed grave shortcomings in our 
     system, with nearly 40 percent of overseas ballots rejected 
     in one State alone.
       (4) Moreover, during these elections it became apparent 
     that timely information about the numbers of American 
     citizens seeking to vote and voting from abroad, information 
     which is essential to measure the effectiveness of our 
     overseas voting system, is not currently provided by the 
     States.

     SEC. 3. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE 
                   BALLOT APPLICATION PROCEDURES FOR ABSENT 
                   UNIFORMED SERVICES AND OVERSEAS VOTERS.

       (a) Requiring States To Accept Official Form for 
     Simultaneous Voter Registration and Absentee Ballot 
     Application; Deadline for Providing Absentee Ballot.--
       (1) In general.--Section 102 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is 
     amended--
       (A) by amending paragraph (2) to read as follows:
       ``(2) accept and process, with respect to any election for 
     Federal office, any otherwise valid voter registration 
     application and absentee ballot application from an absent 
     uniformed services voter or overseas voter, if the 
     application is received by the appropriate State election 
     official not less than 30 days before the election;'';
       (B) by striking the period at the end of paragraph (3) and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(4) use the official post card form (prescribed under 
     section 101) for simultaneous voter registration application 
     and absentee ballot application; and
       ``(5) transmit the absentee ballot for an election to each 
     absent uniformed services voter and overseas voter who is 
     registered with respect to the election as soon as 
     practicable after the voter is registered, but in no case 
     later than the 45th day preceding the election (if the voter 
     is registered as of such day).''.
       (2) Conforming amendments.--Section 101(b)(2) of such Act 
     (42 U.S.C. 1973ff(b)(2) is amended by striking ``as 
     recommended in section 104'' and inserting ``as required 
     under section 102(4)''.
       (b) Use of Single Application for All Subsequent 
     Elections.--Section 104 of such Act (42 U.S.C. 1973ff-3) is 
     amended to read as follows:

     ``SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT 
                   ELECTIONS.

       ``(a) In General.--If a State accepts and processes an 
     official post card form (prescribed under section 101) 
     submitted by an absent uniformed services voter or overseas 
     voter for simultaneous voter registration and absentee ballot 
     application (in accordance with section 102(4))--
       ``(1) the voter shall be deemed to have submitted an 
     absentee ballot application for each subsequent election for 
     Federal office held in the State; and
       ``(2) the State shall provide an absentee ballot to the 
     voter for each subsequent election for Federal office held in 
     the State (in accordance with the deadline required under 
     section 102(a)(5)).
       ``(b) Exception for Voters Changing Registration.--
     Subsection (a) shall not apply with respect to a voter 
     registered to vote in a State for any election held after the 
     voter notifies the State that the voter no longer wishes to 
     be registered to vote in the State or after the State 
     determines that the voter has registered to vote in another 
     State.
       ``(c) No Effect on Voter Removal Programs.--Nothing in this 
     section may be construed to prevent a State from removing any 
     voter from the rolls of registered voters in the State under 
     any program or method permitted under section 8 of the 
     National Voter Registration Act of 1993.''.

     SEC. 4. REMOVING BARRIERS TO ACCEPTANCE OF COMPLETED BALLOTS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1) is amended--
       (1) by inserting ``(a) In General.--'' before ``Each 
     State''; and
       (2) by adding at the end the following new subsection:
       ``(b) Special Requirements Regarding Acceptance of 
     Completed Ballots.--
       ``(1) Mandatory minimum period for acceptance of absentee 
     ballot after date of election.--Notwithstanding any other 
     provision of law, a State shall not refuse to count an 
     absentee ballot submitted in an election for Federal office 
     by an absent uniformed services voter or overseas voter on 
     the grounds that the ballot was not submitted in a timely 
     manner if--
       ``(A) the ballot is received by the State not later than 14 
     days after the date of the election;
       ``(B) the ballot is signed and dated by the voter; and
       ``(C) the date provided by the voter on the ballot is not 
     later than the day before the date of the election.
       ``(2) Prohibiting refusal of ballot for lack of postmark.--
     A State shall not refuse to count an absentee ballot 
     submitted in an election for Federal office by an absent 
     uniformed services voter or overseas voter on the grounds 
     that the ballot or the envelope in which the ballot is 
     submitted lacks a postmark if the ballot is signed and dated 
     by the voter and a witness within the deadline applicable 
     under State law for the submission of the ballot (taking into 
     account the requirements of paragraph (1)).''.

     SEC. 5. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF 
                   OVERSEAS AND ABSENT UNIFORMED SERVICES VOTERS.

       Section 102 of the Uniformed and Overseas Citizens Absentee 
     Voting Act (42 U.S.C. 1973ff-1), as amended by section 4, is 
     amended by adding at the end the following new subsection:
       ``(c) Other Requirements and Prohibitions.--
       ``(1) Response to submitted materials.--
       ``(A) Applications for voter registration and absentee 
     ballot request.--With respect to each absent uniformed 
     services voter and each overseas voter who submits a voter 
     registration application or an absentee ballot request, the 
     State--
       ``(i) shall immediately notify the voter as to whether or 
     not the State has approved the application or request; and
       ``(ii) if the State rejects the application or request, 
     shall provide the voter with the reasons for the rejection.
       ``(B) Absentee ballots.--With respect to each absent 
     uniformed services voter and each overseas voter who submits 
     a completed absentee ballot, the State--
       ``(i) shall immediately notify the voter as to whether or 
     not the State has received the ballot; and
       ``(ii) if the State refuses to accept the ballot, shall 
     provide the voter with the reasons for refusal.
       ``(2) Use of facsimile machines and internet.--Each State 
     shall make voter registration applications, absentee ballot 
     requests, and absentee ballots available to absent uniformed 
     services voters and overseas voters through the use of 
     facsimile machines and the Internet, and shall permit such 
     voters to transmit completed applications and requests to the 
     State through the use of such machines and the Internet. 
     Nothing in this paragraph may be construed to prohibit a 
     State from accepting completed absentee ballots from absent 
     uniformed services voters and overseas voters through the use 
     of facsimile machines.
       ``(3) Prohibiting notarization requirements.--A State may 
     not refuse to accept any voter registration application, 
     absentee ballot request, or absentee ballot submitted by an 
     absent uniformed services voter or overseas voter on the 
     grounds that the document involved is not notarized.
       ``(4) Compilation of statistics.--
       ``(A) In general.--For each election for Federal office 
     held in the State, each State shall compile and publish the 
     following information with respect to absent uniformed 
     services voters and overseas voters:
       ``(i) The number of voter registration applications 
     received from each such group of

[[Page 14896]]

     voters, together with the number of such applications which 
     were rejected by the State and the reasons for rejection.
       ``(ii) The number of absentee ballots sent to each such 
     group of voters.
       ``(iii) The number of completed absentee ballots submitted 
     by each such group of voters, together with the number of 
     such ballots which were rejected by the State and the reasons 
     for rejection.
       ``(B) Breakdown by local jurisdiction and overseas 
     location.--In compiling and publishing the information 
     described in subparagraph (A), the State shall break down 
     each category of such information by county (or other 
     appropriate local election district) and by the locations to 
     which and from which the materials described in such 
     subparagraph were transmitted and received.
       ``(C) Transmission to presidential designee.--With respect 
     to information regarding a Presidential election year, the 
     State shall transmit the information compiled under this 
     paragraph to the Presidential designee at such time and in 
     such manner as the Presidential designee may require to 
     prepare the report described in section 101(b)(6).''.

     SEC. 6. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE.

       (a) Educating Election Officials on Responsibilities Under 
     Act.--Section 101(b)(1) of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(1)) is 
     amended by striking the semicolon at the end and inserting 
     the following: ``, and ensure that such officials are aware 
     of the requirements of this Act;''.
       (b) Development of Standard Oath for Use With Materials.--
       (1) In general.--Section 101(b) of such Act (42 U.S.C. 
     1973ff(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(7) prescribe a standard oath for use with any document 
     under this title affirming that a material misstatement of 
     fact in the completion of such a document may constitute 
     grounds for a conviction for perjury.''.
       (2) Requiring states to use standard oath.--Section 102(a) 
     of such Act (42 U.S.C. 1973ff-1(a)), as amended by sections 
     3(a) and 4, is further amended--
       (A) by striking ``and'' at the end of paragraph (4);
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``; and''; and
       (C) by adding at the end the following new paragraph:
       ``(6) if the State requires an oath or affirmation to 
     accompany any document under this title, use the standard 
     oath prescribed by the Presidential designee under section 
     101(b)(7).''.
       (c) Transmission of Federal Write-In Absentee Ballot 
     Through Facsimile Machines and Internet.--Section 103 of such 
     Act (42 U.S.C. 1973ff-2) is amended--
       (1) by redesignating subsections (b) through (f) as 
     subsections (c) through (g); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Transmission of Ballot Through Facsimile Machines and 
     Internet.--The Presidential designee shall make the Federal 
     write-in absentee ballot and the application for such a 
     ballot available to overseas voters through the use of 
     facsimile machines and the Internet, and shall permit such 
     voters to transmit completed applications for such a ballot 
     to the Presidential designee through the use of such machines 
     and the Internet.''.
       (d) Providing Breakdown Between Overseas Voters and Absent 
     Uniformed Services Voters in Statistical Analysis of Voter 
     Participation.--Section 101(b)(6) of such Act (42 U.S.C. 
     1973ff(b)(6)) is amended by inserting after ``participation'' 
     the following: ``(listed separately for overseas voters and 
     absent uniformed services voters)''.

     SEC. 7. GRANTING PROTECTIONS GIVEN TO ABSENT UNIFORMED 
                   SERVICES VOTERS TO RECENTLY SEPARATED UNIFORMED 
                   SERVICES VOTERS.

       The Uniformed and Overseas Citizens Absentee Voting Act (42 
     U.S.C. 1973ff et seq.) is amended by inserting after section 
     104 the following new section:

     ``SEC. 104A. COVERAGE OF RECENTLY SEPARATED UNIFORMED 
                   SERVICES VOTERS.

       ``(a) In General.--For purposes of this Act, an individual 
     who is a separated uniformed services voter (or the spouse or 
     dependent of such an individual) shall be treated in the same 
     manner as an absent uniformed services voter with respect to 
     any election occurring during the 60-day period which begins 
     on the date the individual becomes a separated uniformed 
     services voter.
       ``(b) Separated Uniformed Services Voter Defined.--
       ``(1) In general.--In this section, the term `separated 
     uniformed services voter' means an individual who--
       ``(A) is separated from the uniformed services;
       ``(B) was a uniformed services voter immediately prior to 
     separation;
       ``(C) presents to an appropriate election official 
     Department of Defense Form 214 showing that the individual 
     meets the requirements of subparagraphs (A) and (B) (or any 
     other official proof of meeting such requirements); and
       ``(D) is otherwise qualified to vote with respect to the 
     election involved.
       ``(2) Uniformed services voter.--In paragraph (1), the term 
     `uniformed services voter' means--
       ``(A) a member of a uniformed service on active duty; or
       ``(B) a member of the merchant marine.''.

     SEC. 8. FINANCIAL ASSISTANCE TO STATES FOR COSTS OF 
                   COMPLIANCE.

       (a) In General.--The Presidential designee under the 
     Uniformed and Overseas Citizens Absentee Voting Act shall 
     make a payment to each eligible State for carrying out 
     activities to comply with the requirements of such Act, 
     including the amendments made to such Act by this Act.
       (b) Eligibility.--A State is eligible to receive a payment 
     under this section if it submits to the Presidential designee 
     (at such time and in such form as the Presidential designee 
     may require) an application containing such information and 
     assurances as the Presidential designee may require.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated for the first fiscal year which begins 
     after the date of the enactment of this Act such sums as may 
     be necessary to carry out this section, to remain available 
     until expended.

     SEC. 9. EFFECTIVE DATE.

       The amendments made by sections 3, 4, 5, 6, and 7 shall 
     apply with respect to elections occurring after the date of 
     the enactment of this Act.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself Mr. Roberts, and Mr. Kennedy):
  S. 1262. A bill to make improvements in mathematics and science 
education, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. ROCKEFELLER. Madam President, one of our major national problems 
is the dismal educational achievement of our children in the areas of 
mathematics and science. In 1989 President George H. Bush proposed and 
the Governors adopted as a national goal that by the year 2000, the 
United States would be first in the world in mathematics and science. 
Not only has our country neglected this education goal, the evidence 
shows that our country has not made significant improvements. Several 
studies have shown that in the intervening years, our performance 
relative to other industrialized countries is about average and there 
is no indication of any change. Furthermore, the evidence clearly shows 
that between the 4th and 8th grades our achievement level actually 
declines relative to other countries.
  Not only is this a concern for our future competitiveness in the 
modern world but it could present a serious national security problem. 
The U.S. Commission on National Security/21st Century concluded in a 
February 2001 report that the ``Second only to a weapon of mass 
destruction detonating in an American city, we can think of nothing 
more dangerous than a failure to manage properly science, technology, 
and education for the common good over the next quarter century.''
  One major factor in this situation is the lack of sufficient 
qualified mathematics and science teachers. A large number of 
mathematics and science teachers are not certified in their subject 
area. The greatest number of uncertified teachers are located in areas 
with large minority populations and high concentrations of poverty. 
This situation is of great concern since many studies have shown that 
full certification or a major in the field is a strong predictor of 
student achievement. Mr. Michael Porter of the Harvard Business School 
has documented that over 90 percent of urban schools report teacher 
shortages in mathematics and science. Furthermore, recently, the 
National Council for Accreditation of Teacher Preparation showed that 
50,000 new teachers enter the profession each year lacking appropriate 
preparation. More than 30 percent of secondary mathematics teachers 
hold neither a major or minor in mathematics.
  I am proud to have Senators Roberts and Kennedy as original 
cosponsors of this legislation since each is a recognized leader on 
education. We are introducing a bipartisan bill entitled the National 
Mathematics and Science Partnerships Act. Our bill is very similar to 
legislation reported out of the House Committee on Science, and I

[[Page 14897]]

have worked with Chairman Boehlert on this important initiative. The 
purpose of this bill is to make a major impact on the teaching of 
technical subjects in grades K through 12. This bill accomplishes its 
goal by bringing the wider community including industry into the 
educational process through partnerships, by increasing the number of 
qualified teachers and providing support programs to improve their 
qualifications, and by providing access to master teachers, curriculum 
related materials, and research opportunities. The bill also sets up 
Centers of Research on Learning to determine which methodologies are 
most effective for educating our students in mathematics and science.
  One of the main provisions authorizes the National Science Foundation 
to establish a program of mathematics and science education 
partnerships involving universities and local educational agencies. 
These partnerships will focus on a wide array of reform efforts ranging 
from professional development to curriculum reform for grades K through 
12. The partnerships may include the State educational agency and 50 
percent of them must include businesses. These partnerships are 
intended to conceive, develop, and evaluate innovative approaches to 
education in mathematics, science, engineering, and other technical 
subjects. A special feature is an emphasis on encouraging the ongoing 
interest of girls in science, mathematics, engineering, or technology 
preparing them to pursue careers in these fields.
  A second provision authorizes the expansion of the National Science, 
Mathematics, Engineering, and Technology Education Digital Library to 
include peer reviewed elementary and secondary education materials. The 
library will serve as an Internet accessible resource for state-of-the-
art curriculum materials in support of teaching technical subjects.
  A third provision, that is of particular importance to me, provides 
for the establishment of a new scholarship program designed to 
encourage mathematics, science, and engineering majors to pursue 
careers in teaching. The program provides grants to universities who 
will, in turn, award scholarships to mathematics, science and 
engineering majors who agree to teach following graduation and 
certification. The institutions must also provide education and support 
programs for the scholarship recipients. A second element is that 
stipends will be offered to mid-career professionals in mathematics, 
science, or engineering who need course work to transition to a career 
in teaching. Recipients are required to teach in a K through 12 school 
receiving assistance under Title I of the Elementary and Secondary 
Education Act of 1965 as payback for the scholarship.
  The bill also provides for a study of Broadband Network access for 
schools and libraries. This requires the National Science Foundation to 
determine how Broadband access can be used and can be effective in the 
educational process. This section is important to the future of the 
highly successful E-Rate program that is helping close the digital 
divide between rich and poor schools and urban, rural, and suburban 
schools.
  Another important provision sets up a grant program to train master 
teachers to work in K through 9 classrooms to improve the teaching of 
mathematics or science. This program will develop an invaluable in-
house resource for teachers of technical subjects.
  There are a number of other provisions, all of which, address 
shortcomings in our current approach to education in technical 
subjects.
  I often visit West Virginia schools, and during the school year I use 
the Internet to host on-line chats with students across the State. I 
believe that students, parents, and teachers recognize the important of 
math, science and engineering on the workplace, but we need a better 
support system for these key subjects in my State, and nationwide.
  The National Mathematics and Science Partnerships Act is not by 
itself a solution to solving the crisis in technical education. 
However, in conjunction with the reauthorization of the Elementary and 
Secondary Education Act will begin the process of addressing a major 
national problem. I urge my colleagues to join us in making our 
children the best in the world.
  Mr. President, I ask unanimous consent that a summary of the bill be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

           National Mathematics and Science Partnerships Act

       The overall purpose of this bill is to make a major impact 
     on the teaching of technical subjects in Grades K-12. Many 
     studies have indicated that the US is seriously lacking in 
     our ability to effectively convey scientific knowledge to K-
     12 students that will enable them to go on to college and 
     major in technical fields. This situation has led to concern 
     that we are losing our competitive edge in the modern world. 
     A key element is the serious shortage of qualified math and 
     science teachers. This bill helps by bringing the wider 
     community including industry into the educational process, by 
     increasing the number of qualified teachers, and by providing 
     for access to support in the form of materials, research 
     opportunities, and Centers of Research on Learning.
       Most of the provisions of this bill originated in the House 
     Science Committee and some of them reflect the 
     Administration's desires. We, in Senator Rockefeller's 
     office, have been working with the Science Committee for 
     several months. Our major input is the inclusion of a Title 
     that establishes scholarships for students who commit to 
     teach mathematics or science in Grades K-12 in return. We 
     have evaluated the other provisions and agree with them as 
     will be reflected in the bill we are planning to introduce. 
     The provisions of the proposed Senate bill are summarized 
     below.


Provisions of the ``National Mathematics and Science Partnerships Act''

       1. Mathematics and Science Education Partnerships: This 
     provides for universities or consortia to receive grants to 
     establish partnership programs to improve the instruction of 
     math and science. The partnerships may include local 
     educational agencies and there is a mandate that 50% will 
     include businesses. There is a strong section on programs 
     aimed at girls. The appropriation is $200M/year for 2002-2006
       2. Teacher Research Stipend: This provides grants for K-12 
     math and science teachers to do research in math, science and 
     engineering to improve their performance in the classroom. 
     The appropriation is $15M/year for 2002-2006.
       3. National Science, Mathematics, Engineering, and 
     Technology Education Library: This Title expands the existing 
     Digital Library to archive and provide for the timely 
     dissemination through the Internet and other digital 
     technologies of educational materials to support the teaching 
     of technical subjects. The appropriation is $20M/year for 
     2002-2006.
       4. Education Research Centers: This Section will establish 
     4 multi disciplinary Centers for Research on Learning and 
     Education Improvement. This provision is to do research in 
     cognitive science, education, and related fields to develop 
     ways to improve the teaching of math and science. It also 
     provides for an annual conference to disseminate the results 
     of the Center's activities. The appropriation is $12M/year 
     for 2002-2006.
       5. Education Research Teacher Fellowships: This Section 
     provides grants for institutions of higher education to 
     enable teachers to have research opportunities related to the 
     science of learning. The appropriation is $5M/year for 2002-
     2004.
       6. Robert Noyce Scholarship Program: This Title is an 
     updated version of a scholarship program that Senator 
     Rockefeller and Rep. Boehlert sponsored and passed in 1989. 
     It calls for grants to universities or consortia to award 
     scholarships or stipends to students who agree to become K-12 
     math or science teachers. Scholarships are for $7,500 and are 
     limited to 2 years. In addition, there are provisions for a 
     stipend to enable mid-career math, science and engineering 
     professionals to receive their certificate to teach. The 
     stipend is $7,500 for 1 year. Recipients under this subtitle 
     are obligated to teach math or science. The requirement is 2 
     years for each year of support within 6 years of graduation. 
     The university or consortium receiving the grant is 
     responsible for monitoring compliance and collecting refunds 
     from those who do not comply. The appropriation is $20M/year 
     for 2002-2005 plus an unspecified amount for the NSF to 
     administer the program for 2006-2011.
       Political History: While the Noyce scholarship was 
     authorized in 1989, we never secured appropriations to fund 
     the program, in part because NSF had concerns about the 
     scholarships and never lobbied OMB for the appropriations. 
     This time, we worked with NSF staff to get their consent so 
     that we really can promote these scholarships.
       7. Requirements for Research Centers: Grant recipients 
     establishing research centers must offer programs for K-12 
     math and science teachers and the quality of their programs 
     is a criteria for awarding grants. There is no appropriation 
     for the Title.

[[Page 14898]]

       The bill to be voted on by the House also contains a number 
     of other provisions added during the Science Committee Mark-
     up. These are contained in a title called ``Miscellaneous 
     Provisions''.
       1. Mathematics and Science Proficiency Partnerships: This 
     section sets up a demonstration project for local educational 
     agencies to develop a program to build technology curricula, 
     purchase equipment, and provide professional development for 
     teachers. It is specifically aimed at economically 
     disadvantaged students and requires private sector 
     participation. The private sector will donate equipment, 
     provide funds for internships and scholarships, and other 
     activities helping the objectives of this section. The 
     appropriation is $5M/year for 2002-2004.
       2. Articulation Partnerships between Community Colleges and 
     Secondary Schools: Amends the ``Scientific and Advanced 
     Technology Act of 1992'' (P.L. 102-476) to direct the NSF to 
     give priority to proposals that involve students that are 
     under represented in technical fields. (The act applies to 
     two year Associate Degree granting colleges.) The 
     appropriation is $5M/year for 2002-2004.
       3. Assessment of In-Service Teacher Professional 
     Development Programs: This section provides for the Director 
     of the NSF to review all programs sponsored by the NSF that 
     support in-service teacher professional development for 
     science teachers. The purpose is to determine whether 
     information technology is being used effectively and how 
     resources are allocated between summer activities and 
     reinforcement training. A report is due 1 year after 
     enactment of this Act. There is no appropriation.
       4. Instructional Materials: The NSF may award grants for 
     the development of educational materials on energy 
     production, energy conservation, and renewable energy. There 
     is no appropriation.
       5. Study of Broadband Network Access for Schools and 
     Libraries: The NSF is to provide an initial report to 
     Congress and provide an update every year for the next 6 
     years. The reports are to how Broadband access can used and 
     can be effective in the educational process. There is no 
     appropriation. This section relates to the ERATE law to which 
     Senator Rockefeller is very committed.
       6. Educational Technology Assistance; Learning Community 
     Consortium: This section amends the ``Scientific and Advanced 
     Technology Act of 1992 to enable two year colleges to 
     establish centers to assist K-12 schools in the use of 
     information technology for technical subject instruction. The 
     appropriation is $5M/year for 2002-2004. There is an 
     additional appropriation of $10M to award a grant to a 
     consortium of associate-degree granting colleges to encourage 
     women, minorities, and disabled individuals to enter and 
     complete programs in technical fields.
       The Senate bill will also include a title that incorporates 
     the provisions of HR 100. This bill was passed out of the 
     House Science Committee at the same time as HR 1858. This 
     bill was also included as Title II of S 478 previously 
     introduced by Senator Roberts, co-sponsored by Senators 
     Kennedy and Bingaman. This approach is agreed to by the House 
     Science Committee. The provisions are:
       1. Master Teacher Grant Program: This provision establishes 
     a grant program to train master teachers to work in K-9 
     classrooms to improve the teaching of mathematics or science. 
     The appropriation is $50M/year for 2002-2004.
       2. Dissemination of Information on Required Course of Study 
     for Careers in Science, Mathematics, Engineering, and 
     Technology Education: The NSF shall compile and disseminate 
     information on prerequisites for entrance into college to 
     pursue a course of study leading to teaching in a K-12 
     environment and on the licensing requirements for such 
     teachers. The appropriation is $5M/year for 2002-2004.
       3. Requirement to Conduct Study Evaluation: The NSF shall 
     enter into an agreement with the National Academies of 
     Sciences and Engineering to review existing studies on the 
     effectiveness of technology in the classroom and to report 
     not later than one year after enactment of this Act. The 
     appropriation is $600K.
       4. Science, Mathematics, Engineering, and Technology 
     Business Education Conference: The NSF shall convene an 
     annual 3-5 day conference for K-12 technology education 
     stakeholders to 1. identify and gather information on 
     existing programs, 2. determine the coordination between 
     providers, and 3. identify the common goals and divergences 
     among the participants. There will be a yearly report to the 
     Senate Commerce Committee and the House Science Committee.

  Mr. ROBERTS. Mr. President, I rise today, along with my colleagues, 
Senator Rockefeller and Senator Kennedy, to introduce a piece of 
legislation that continues to build on our efforts to improve math and 
science education.
  The National Mathematics and Science Partnerships Act creates a 
program through the National Science Foundation NSF, that provides a 
variety of recruitment incentives for college students and individuals 
who are engineering, science and math professionals in other fields, to 
pursue teaching math and science. Additionally, math and science 
teachers are provided a variety of professional development 
opportunities. I am pleased to include in this legislation a portion of 
a bill I introduced earlier this year, S. 478, the Engineering, 
Science, Technology and Mathematics Education Enhancement Act.
  The Math and Science Partnerships Act will provide grants for K-12 
math and science teachers to do research in engineering, science and 
math to do research in these areas to improve their performance in the 
classroom, a demonstration project for LEAs to develop a program to 
build technology curricula, purchase equipment and provide professional 
development for teachers specifically aimed at economically 
disadvantaged students. It also provides in-service support and a 
master teacher grant program to hire master teachers who are 
responsible for in-classroom help and oversight. Additionally, the 
legislation assists high school students in pursuit of their careers as 
math and science teachers by informing them of courses they should 
complete in preparation for college.
  Bipartisan efforts to increase and enhance math and science education 
has been encouraging and I am glad to see that math and science 
education is finally beginning to receive the recognition that is 
needed and deserved.
  The need to recruit and retain teachers in the math and science 
fields as well as the need to improve the professional development 
opportunities for teachers currently teaching math and science is 
crucial. An article that appeared on May 6th in The Hutchinson News, 
discusses the teacher recruiting woes that the State of Kansas is 
experiencing. The article highlights Fort Hays State University in 
Hays, KS and tells of a young graduate, Lora Clark, who has a teaching 
degree in mathematics. With her degree Lora could have found a job 
anywhere in the State of Kansas or with several other States who were 
recruiting Fort Hays State teaching graduates. Thankfully, she chose to 
stay in her home state and fill a mathematics teaching position in 
Hanston, Kansas.
  However, what stands out most from the article is the number of math 
and science positions available at the career fair at Fort Hays State 
and the number of students that have graduated with teaching degrees in 
math and science. There were 125 math and science teaching positions 
available and only 8 students graduating with math and science teaching 
degrees. We desperately need to fill these positions with teachers who 
have been properly trained and have professional development 
opportunities in order to encourage students to pursue fields in 
engineering, science, technology and math.
  The U.S. will need to produce four times as many scientists and 
engineers than we currently produce in order to meet future demand. The 
U.S. has been a leader in technology for decades and the need for 
skilled workers that will require technical expertise continues to 
climb. Congress has had to increase the number of H-1B visas to fill 
current labor shortages within these fields, we need to focus on long-
term solutions through the education of our children.
  Improving our students knowledge of math and science is not only a 
concern of American companies but also a concern of U.S. National 
Security. According to the latest reports and studies regarding 
National Security, the lack of math and science education beginning at 
the K-12 level imposes a serious security threat. The report issued by 
the U.S. Commission on National Security for the 21st Century reports 
that ``The base of American national security is the strength of the 
American economy. Therefore, health of the U.S. economy depends not 
only on an elite that can produce and direct innovation, but also on a 
populace that can effective assimilate new tools and technologies. This 
is critical not just for the U.S. economy in general but specifically 
for the defense industry, which must simultaneously develop and defend 
against these same technologies.''
  We are all aware of the need for good teacher recruitment and 
retention programs because of the shortage of teachers many of our 
states are experiencing

[[Page 14899]]

or will experience. Math and science education is no exception and I am 
glad to join my colleagues in introducing a piece of legislation that 
will aid in improving and enhancing math and science education and I 
encourage my colleagues to join in our fight.
                                 ______
                                 
      By Ms. COLLINS (for herself and Ms. Snowe):
  S. 1264. A bill to require the conveyance of a petroleum terminal 
serving former Loring Air Force Base and Bangor Air National Guard 
Base, Maine; to the Committee on Armed Services.
  Ms. COLLINS. Madam President, I rise today to introduce the MackPoint 
Petroleum Terminal Conveyance Act. This legislation will authorize the 
conveyance of a petroleum tank farm at MackPoint in Searsport, ME, from 
the United States Air Force, USAF, to the Maine Port Authority to 
promote economic development in the state of Maine. The bill would 
ultimately allow the transfer of a petroleum tank farm to the Maine 
Port Authority in the State Department of Transportation, which will 
provide critical support for the redevelopment strategy in the region. 
The Port Authority in Maine has developed a three-port strategic goal 
for economic development in Northern/Central Maine. This economic 
development remains high on my list of priorities, and this bill would 
bring us one step closer toward this goal.
  I am introducing this bill as a companion to legislation, The Loring 
Pipeline Reunification Act, which I introduced on the floor earlier 
this year. This companion legislation would convey a section of a 
pipeline connected to the tank farm, from the USAF to the Loring 
Development Authority, LDA, also to contribute to the re-development of 
the former Loring Air Force Base. Created by the Maine State 
Legislature, Loring Development Authority is responsible for promoting 
and marketing the development of the former base so as to attract more 
economic development to Northern/Central Maine.
  The tank farm and pipeline originally were built to supply the former 
Loring Air Base with fuel products critical to its mission as a support 
base for B-52 bombers and KC-135 tankers. Prior to the base's closure 
in 1994, Defense Fuels would deliver fuel products by tanker to the 
Searsport tank farm, where the line originates, and then pump them 
through the line to the base. For a period following the base closure, 
the Maine Air National Guard continued to use the Searsport Tank Farm 
and the pipeline segment from Searsport to Bangor to supply their 
activities in Bangor. After a study conducted by the Defense Energy 
Support Center, a division of the Defense Logistics Agency however, the 
Air National Guard changed their means of transporting fuel from 
pipeline to truck.
  The Air National Guard supports the vision of re-unifying the 
pipeline and tank farm, as does the Maine State Department of 
Transportation, and Sprague Industries, the current owner of the land 
on which part of the tank farm sits. In consideration of the large 
geographical expanse of my State, with often treacherous winter 
conditions, and the fuel shortages that have vexed the Northeast over 
the past two winters, I believe that the conveyance of this tank farm 
and the adjoining pipeline would serve the public well. It would 
provide a safer means of transporting fuel and, by presenting a more 
efficient means of accessing fuel, manufacturing and processing plants 
currently considering new operations in the economically-challenged 
area would be better connected to the resources of the Eastern 
seaboard.
                                 ______
                                 
      By Mr. DURBIN. (for himself, Mr. Kennedy, Mr. Reid, Mr. Dodd, Mr. 
        Wellstone, Mr. Corzine, and Mr. Feingold):
  S. 1265. A bill to amend the Immigration and Nationality Act to 
require the Attorney General to cancel the removal and adjust the 
status of certain aliens who were brought to the United States as 
children; to the Committee on the Judiciary.
  Mr. DURBIN. Madam President, this past Spring thousands of students 
across our Nation donned their caps and gowns and received their high 
school diplomas as their proud parents and family members looked on. 
This is an important milestone in the lives of both the graduates and 
their parents.
  However, while many of these graduates will be looking forward to 
college, tens of thousands of these students will never get to attend 
college and realize their dreams. Why? Because these children are 
undocumented. Most of these children were brought to the United States 
at a very young age by their parents and did not have the ability to 
make an independent decision about where they would live. They had no 
choice in matter. Thus, they grew up here. They went to school here. 
And like other children, they too had thoughts of realizing the 
American dream. These dreams are quickly dashed when these students 
realize that, unlike their classmates, college is not on their horizon 
because of their immigration status.
  Although Congress and the United States Supreme Court rightfully 
require State and local education agencies to permit undocumented 
children to attend elementary and secondary school, there are very few 
mechanisms under current law for these children to legalize their 
immigration status or go on to college once they have completed their 
high school education. They are effectively denied the opportunity to 
go to college and are constantly under the threat of deportation. Their 
lives are filled with uncertainty and lost opportunity.
  That is why I, along with Senators Kennedy, Reid, Dodd, Wellstone, 
Corzine, and Feingold, am introducing the Children's Adjustment, 
Relief, and Education Act, CARE Act. Representatives Cannon, Berman, 
and Roybal-Allard introduced a companion bill in the House on May 21, 
2001.
  The CARE Act would provide immigration relief to undocumented 
children who are in the United States, have lived a significant portion 
of their lives in this country, are of good moral character, and are 
interested in remaining in the country and continuing their education. 
The CARE Act would help lift these vulnerable children from the shadows 
of society and free them to go to college, regularize their status, and 
fully contribute to our country, now their country.
  The CARE Act includes three major provisions.
  As to restoration of the State option to determine residency for 
purposes of higher education benefits, first, the Act would repeal 
Section 505 of the 1996 immigration law, under which any State that 
provides in-state tuition or other higher education benefits to 
undocumented immigrants must provide the same tuition break or benefit 
to out-of-state residents. In other words, under Section 505, a State 
must charge the same tuition to out-of-state U.S. citizens as it 
charges to resident undocumented aliens. Repeal of Section 505 would 
restore to the States the authority to determine their own residency 
rules.
  As to immigration relief for long-term resident students, second, the 
Act would permit students in America's junior high schools and high 
schools who have good moral character, reside in the United States, and 
have lived in the United States for at least five years to obtain 
special immigration relief, known as cancellation of removal, so that 
they can go to college and eventually become United States citizens. 
The act also applies to high school graduates who are under 21 years of 
age and are either enrolled in or are seriously pursuing admission to 
college.
  As to higher education benefits for Student Adjustment Act 
applicants, finally, the Act would ensure that students who are 
applying for immigration relief under the Act may obtain federal 
student assistance on the same basis as other students while their 
application is being processed.
  This legislation would help children like Luis Miguel in my home 
State of Illinois. Luis was born to a single mother in Guadalajara, 
Mexico. His mother was having a very difficult time living in Mexico so 
she decided to take her children and migrate to the United States. Luis 
was eight years old. He didn't have a say in the matter.

[[Page 14900]]

  Luis was enrolled in a grammar school and after school he worked in a 
supermarket carrying groceries for people. Because Luis' mother was 
unable to make ends meet, she sent Luis to live in Chicago with his 
aunt and uncle when he was nine. He has lived there ever since.
  Luis is currently 17 years old and just finished up his junior year 
at Kelly High School in Chicago. He is an above average student, and 
hopes to attend the University of Illinois at Chicago someday and 
become a computer engineer. He says he loves being involved in all 
types of activities because it makes him feel good about himself, and 
motivates him to do better. He is very active in and out of school. He 
is part of his school band, where he plays percussion, and he plays 
soccer in the Davis Square Park League. In the past he has participated 
in his church's choir, marimba band and folkloric ballet dance group. 
Luis also volunteers as a teacher for catechism classes at Holy Cross 
Church.
  Luis has so much promise. But without this legislation, he is barred 
from fulfilling his potential.
  The same is true for a young musical prodigy who recently completed 
her senior year of high school in the City of Chicago. Because of her 
exceptional musical talent, she was offered a scholarship to Juilliard. 
It is only in filling out the application that she learned of her 
undocumented status. Her only recourse: go to Korea, where she has 
never been, and live her life there. I believe our Nation can do better 
than this.
  These stories are not unique to Illinois. Tens of thousands of high 
school students across our Nation, some of them valedictorians, are 
similarly situated and face uncertain futures. They cannot continue 
their lives or education once they graduate from high school. Instead, 
they face deportation.
  Not only do these children suffer but our Nation suffers because we 
are deprived of future contributors and leaders, increased tax 
revenues, economic growth and social richness. We suffer because 
children who might have been scientists, nurses, teachers or engineers 
are forced, instead, to settle for the limited employment options 
available to those without a college degree.
  Moreover, the damage to our communities starts long before high 
school graduation. Guidance counselors report that many promising 
students drop out of school at an early age once they realize that they 
will, as a practical matter, be barred from going to college.
  I urge my colleagues to join me, Senators Kennedy, Reid, Dodd, 
Wellstone, Corzine, and Feingold in supporting this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1265

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Children's Adjustment, 
     Relief, and Education Act'' or the ``CARE Act''.

     SEC. 2. DEFINITION.

       In this Act, the term ``secondary school student'' means a 
     student enrolled in any of the grades 7 through 12.

     SEC. 3. STATE FLEXIBILITY IN PROVIDING IN-STATE TUITION FOR 
                   COLLEGE-AGE ALIEN CHILDREN.

       (a) In General.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (Public Law 
     104-208; division C; 110 Stat. 3009-672) (8 U.S.C. 1623) is 
     hereby repealed.
       (b) Effective Date.--The repeal made by this section to the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 shall take effect as if included in the enactment of 
     such Act.

     SEC. 4. -CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR 
                   CERTAIN ALIEN CHILDREN.

       (a) In General.--Section 240A of the Immigration and 
     Nationality Act (8 U.S.C. 1229b) is amended--
       (1) in subsection (b), by inserting at the end the 
     following new paragraph:
       ``(5) Special rule for residents brought to the united 
     states as children.--
       ``(A) Authority.--Subject to the restrictions in 
     subparagraph (B), the Attorney General shall 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 applies for 
     relief under this paragraph and demonstrates that on the date 
     of application for such relief--
       ``(i) the alien had not attained the age of 21;
       ``(ii) the alien had been physically present in the United 
     States for a continuous period of not less than five years 
     immediately preceding the date of such application;
       ``(iii) the alien had been a person of good moral character 
     during the five-year period preceding the application; and
       ``(iv) the alien--

       ``(I) was a secondary school student in the United States;
       ``(II) was attending an institution of higher education in 
     the United States as defined in section 101 of the Higher 
     Education Act of 1965 (20 U.S.C. 1001); or
       ``(III) with respect to whom the registrar of such an 
     institution of higher education in the United States had 
     certified that the alien had applied for admission, met the 
     minimum standards for admission, and was being considered for 
     admission.

       ``(B) Restrictions on authority.--Subparagraph (A) does not 
     apply to--
       ``(i) an alien who is inadmissible under section 
     212(a)(2)(A)(i)(I), or is deportable under section 
     237(a)(2)(A)(i), unless the Attorney General determines that 
     the alien's removal would result in extreme hardship to the 
     alien, the alien's child, or (in the case of an alien who is 
     a child) to the alien's parent; or
       ``(ii) an alien who is inadmissible under section 
     212(a)(3), or is deportable under section 237(a)(2)(D)(i) or 
     237(a)(2)(D)(ii).''; and
       (2) in subsection (d)(1)(A), by inserting ``or (5)'' after 
     ``subsection (b)(2)''.
       (b) Exemption From Numerical Limitations.--Section 240A of 
     the Immigration and Nationality Act (8 U.S.C. 1229b), as 
     amended by this Act, is further amended in subsection (e)(3) 
     by adding at the end the following new subparagraph:
       ``(C) Aliens described in subsection (b)(5).''.
       (c) Application of Provisions.--For the purpose of applying 
     section 240A(b)(5)(A) of the Immigration and Nationality Act 
     (as added by subsection (a))--
       (1) an individual shall be deemed to have met the 
     qualifications of clause (i) of such section 240A(b)(5)(A) if 
     the individual--
       (A) had not attained the age of 21 prior to the date of 
     enactment of this Act; and
       (B) applies for relief under this section within 120 days 
     of the effective date of regulations implementing this 
     section; and
       (2) an individual shall be deemed to have met the 
     requirements of clauses (i), (ii), and (iv) of such section 
     240A(b)(5)(A) if--
       (A) the individual would have met such requirements at any 
     time during the four-year period immediately preceding the 
     date of enactment of this Act; and
       (B) the individual has graduated from, or is on the date of 
     application for relief under such section 240A(b)(5) enrolled 
     in, an institution of higher education in the United States 
     (as defined in clause (iv) of such section 240A(b)(5)(A)).
       (d) Confidentiality of Information.--
       (1) Prohibition.--Neither the Attorney General, nor any 
     other official or employee of the Department of Justice may--
       (A) use the information furnished by the applicant pursuant 
     to an application filed under section 240A(b)(5) of the 
     Immigration and Nationality Act (as added by this Act) for 
     any purpose other than to make a determination on the 
     application;
       (B) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (C) permit anyone other than the sworn officers and 
     employees of the Department or, with respect to applications 
     filed under such section 240A(b)(5) with a designated entity, 
     that designated entity, to examine individual applications.
       (2) Penalty.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this subsection 
     shall be fined not more than $10,000.
       (e) Regulations.--
       (1) Proposed regulation.--Not later than 60 days after the 
     date of enactment of this Act, the Attorney General shall 
     publish proposed regulations implementing this section.
       (2) Interim, final regulations.--Not later than 120 days 
     after the date of enactment of this Act, the Attorney General 
     shall publish final regulations implementing this section. 
     Such regulations shall be effective immediately on an interim 
     basis, but shall be subject to change and revision after 
     public notice and opportunity for a period of public comment.
       (3) Elements of regulations.--In promulgating regulations 
     described in paragraphs (1) and (2), the Attorney General 
     shall do the following:
       (A) Application for relief.--Establish a procedure allowing 
     eligible individuals to apply affirmatively for the relief 
     available under section 240A(b)(5) of the Immigration and 
     Nationality Act (as added by this Act) without being placed 
     in removal proceedings.
       (B) Continuous presence.--Ensure that an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence in the United States for purposes of section 
     240A(b)(5)(ii) of the Immigration and Nationality Act (as 
     added by this Act) by virtue of

[[Page 14901]]

     brief, casual, and innocent absences from the United States.
       (f) Conforming Amendment.--Section 240A(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1229b(b)), as 
     amended by this Act, is further amended in paragraph (4) by 
     striking ``paragraph (1) or (2)'' each place it occurs and 
     inserting ``paragraph (1), (2), or (5)''.

     SEC. 5. ELIGIBILITY OF CANCELLATION APPLICANTS FOR 
                   EDUCATIONAL ASSISTANCE.

       (a) Qualified Aliens.--Section 431 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1641(b)) is amended by adding at the end the 
     following new paragraph:
       ``(8) for purposes of determining eligibility for 
     postsecondary educational assistance, including grants, 
     scholarships, and loans, an alien with respect to whom an 
     application has been filed for relief under section 
     240A(b)(5) of the Immigration and Nationality Act, but whose 
     application has not been finally adjudicated.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply as if enacted on August 22, 1996.

  Mr. KENNEDY. Mr. President, I strongly support the Children's 
Adjustment, Relief, and Education Act. This needed legislation will 
give thousands of immigrant children who are presently unable to obtain 
a higher education a fair opportunity to realize the American dream.
  For too many of these children, the highest level of education they 
can hope to attain is a high school diploma. It is not their lack of 
ability or their lack of desire which holds these children back. It is 
the fact that they were born abroad to parents who unlawfully entered 
this country. Under current law, they are often denied State and 
Federal aid for higher education. In an economy in which higher 
education is a prerequisite for higher wages and benefits, the result 
of current law is to relegate these children to an uncertain future.
  It is wrong to punish these children for their parents' actions. That 
is why I strongly support the CARE Act. It will help undocumented 
children who are in the United States, who have lived a significant 
portion of their lives in this country, who are of good moral 
character, and who want to remain in this country and continue their 
education. It will give them special immigration relief so that they 
can go to college and eventually become U.S. citizens. I urge my 
colleagues to support this important legislation.
                                 ______
                                 
      By Mr. CRAPO (for himself Mr. Lugar Mr. Roberts, and Mr. 
        Hutchinson):
  S. 1267. A bill to extend and improve conservation programs 
administered by the Secretary of Agriculture; to the Committee on 
Agriculture, Nutrition, and Forestry.
  Mr. CRAPO. Mr. President, I rise today to introduce the Conservation 
Extension and Enhancement, CEE, Act. I am pleased to be joined in 
introducing this bill by Senator Richard Lugar, the Ranking Member of 
the Senate Agriculture Committee, Senator Pat Roberts, and Senator Tim 
Hutchinson.
  America's agricultural producers have long been the best stewards of 
the land. This legislation helps farmers and ranchers continue to meet 
the public's increasing demands for cleaner air and water, greater soil 
conservation, increased wildlife habitat, and more open space. These 
demands have resulted in more stringent applications of Federal and 
State environmental regulations, including the Clean Water Act, the 
Clean Air Act, and the Endangered Species Act. It is appropriate we 
direct our funding to help producers in their efforts to provide these 
public benefits.
  Conservation is an important component of Federal farm policy. This 
proposal dedicates the resources necessary to ensure farmers and 
ranchers are receiving the assistance they need to provide the 
environmental benefits the public deserves. It will keep working farms 
working effectively from an economic and environmental perspective. To 
do this, CEE re-authorizes necessary conservation programs, makes 
enhancements to these voluntary programs, and provides increased 
funding to meet increasing needs.
  The last farm bill built on the past successes of the Conservation 
Reserve Program, CRP, and Wetlands Reserve Program, WRP, and enhanced 
the flexibility of the compliance programs, while creating a number of 
new conservation programs. There are many success stories associated 
with these programs, both new and old. However, there have also been 
suggestions made to improve these programs. This initiative implements 
those suggestions to make the programs more effective and increases 
their funding.
  CRP has been one of the most successful conservation programs in USDA 
history. The program provides a rental payment to producers for 
voluntarily converting highly-erodible or environmentally-sensitive 
cropland to a cover crop or grasses or trees. The program has led to a 
tremendous reduction in soil erosion, and has been responsible for 
creation of habitat for a wide variety of species. Unfortunately, CRP 
is currently nearing its acreage cap.
  I share the concerns of many producers and rural Americans about the 
impact of idled land on production and main street economies. CEE 
increases the acreage cap by 3.6 million acres to a total of 40 million 
acres, but it sets aside those 3.6 million acres for continuous 
enrollment CRP and the Conservation Reserve Enhancement Program, CREP. 
These two programs, continuous CRP and CREP, focus on conservation 
buffers, allowing producers to maintain working lands, while getting 
assistance in protecting their most environmentally-sensitive lands.
  WRP has played an important role in protecting and restoring 
wetlands. WRP provides payments to producers for enrolling wetlands in 
permanent, thirty-year, or ten-year easements. It also provides 
technical and financial assistance to land owners seeking help in 
restoring wetlands. The environmental benefits of wetlands cannot be 
underestimated. Unfortunately, WRP is nearing its acreage cap of 1.075 
million acres. CEE allows for an additional 250,000 acres to be 
enrolled in the program annually.
  The Farmland Protection Program is targeted at easing development 
pressure on agriculture lands. It provides a payment to producers who 
agree to enroll land in easements and has been an important program in 
meeting the public demand for open space. Again, producer demand far 
outpaces available funding. CEE provides $100 million annually to this 
important program.
  Another successful program in need of continued authorization and 
funding is the Wildlife Habitat Incentives Program. This program 
provides technical and financial assistance to producers who want to 
establish improved fish and wildlife habitat. My bill provides $100 
million annually to this program, while creating a pilot project that 
assists landowners in focusing their efforts on addressing species 
concerns before the species is in threat of listing under the 
endangered species act.
  One of the most important programs available to assist producers is 
the Environmental Quality Incentives Program. EQIP provides technical 
and financial assistance to producers to adopt conservation practices. 
Demand for the program greatly exceeds existing funding. CEE provides 
for a tripling of the funding, while increasing flexibility in the 
program. EQIP has been the primary vehicle for assisting producers to 
comply with the Clean Water Act. It has been estimated producers will 
have to spend billions to comply with new regulations, such as total 
maximum daily loads and confined animal feeding operations. Increasing 
the funding and flexibility of the EQIP programs is vital to helping 
producers meet the challenges of the Clean Water Act and other 
environmental regulations.
  Also included in this comprehensive bill is the creation of the 
Grasslands Reserve Program. Like the other conservation programs 
created through past farm bills, it is a bipartisanly-supported, 
voluntary program. The Grasslands Reserve Program would be a voluntary 
grassland easement program to provide protections for native 
grasslands. This will ease development pressure on ranchlands, 
providing a long-term commitment to wildlife and the environment. I am 
also pleased to be a co-sponsor of a free-standing Grassland's 
legislation introduced by my colleague, Senator Larry Craig.

[[Page 14902]]

  CEE also provides funding for the Conservation of Private Grazing 
Lands program. This program offers technical assistance to ranchers 
seeking to implement best management practices and other range 
improvements.
  The bill codifies existing practices for the Resource Conservation 
and Development, RC&D, program, while increasing flexibility in the use 
of funds. RC&Ds effectively leverage federal funds to assist in 
stabilizing and growing communities while protecting and developing 
natural resources.
  CEE also provides for several studies. It authorizes a National 
Academy of Sciences study to develop a protocol for measuring 
accomplishments. This protocol is necessary to ensure we are getting 
maximum environmental benefits for the taxpayer.
  The bill also directs the Secretary of Agriculture to review existing 
disaster programs and report on how to improve the timeliness and 
effectiveness of the overall disaster program. Natural disasters are a 
constant threat to farmers and ranchers. Flooding, drought, fire, and 
other natural events impact even the most efficient operations, causing 
losses beyond producer control. An effective disaster program is vital 
to the survival of many farms and ranches.
  Conservation programs are vital to continued progress in creating 
efficient, environmentally and farmer-friendly agricultural policies. 
This bill sets a baseline as we endeavor to create a farm policy that 
recognizes the importance of conservation efforts, builds upon past 
efforts, is equitable, and has measurable achievements. I ask my 
colleagues to join me in co-sponsoring this bill.

                          ____________________