[Congressional Record Volume 141, Number 153 (Thursday, September 28, 1995)]
[Senate]
[Pages S14554-S14558]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______


  THE DEPARTMENT OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND 
               RELATED AGENCIES APPROPRIATIONS ACT, 1996

                                 ______


                 GRAMS (AND McCAIN) AMENDMENT NO. 2811

  (Ordered to lie on the table.)
  Mr. GRAMS (for himself and Mr. McCain) submitted an amendment 
intended to be proposed by them to the bill (H.R. 2076) making 
appropriations for the Department of Commerce, Justice, and State, the 
Judiciary, and related agencies for the fiscal year ending September 
30, 1996, and for other purposes; as follows:

       Beginning on page 115, strike line 11 and all that follow 
     through line 2 on page 116.
                                 ______


                 SHELBY (AND OTHERS) AMENDMENT NO. 2812

  (Ordered to lie on the table.)
  Mr. SHELBY (for himself, Mr. Lott, Mr. Faircloth, Mr. Inhofe, Mr. 
Simpson, and Mr. Brown) submitted an amendment intended to be proposed 
by them to the bill H.R. 2076, supra, as follows:

       On page 46, line 16, strike ``and''.
       On page 46, line 20, strike the period and insert a 
     semicolon.
       On page 46, between lines 20 and 21, insert the following:
       ``(8) assurances that the State or States have implemented 
     a requirement that each inmate must perform not less than 48 
     hours of work per week, which shall not be waived except as 
     required by--
       ``(A) security conditions;
       ``(B) disciplinary action; or
       ``(C) medical certification of a disability that would make 
     it impracticable for prison officials to arrange useful work 
     for the inmate to perform; and
       ``(9) assurances that the State or States require that 
     prison officials shall not provide to any inmate failing to 
     meet the requirements of paragraph (8), privileges, 
     including--
       ``(A) access to television;
       ``(B) access to bodybuilding or weight lifting equipment;
       ``(C) access to recreational sports;
       ``(D) unmonitored telephone calls, except when between the 
     inmate and the immediate family or attorney of the inmate;
       ``(E) instruction or training equipment for boxing, 
     wrestling, judo, karate, or other material art;
       ``(F) except for use during required work, the use or 
     possession of any electrical or electronic musical 
     instrument;
       ``(G) an in-cell coffee pot, hot plate, or heating element;
       ``(H) food exceeding in quality or quantity to that which 
     is available to enlisted personnel in the United States Army;
       ``(I) dress, hygiene, grooming, and appearance other than 
     those allowed as standard in the prison, unless required for 
     disciplinary action or a medical condition; or
       ``(J) equipment or facilities for publishing or 
     broadcasting material not approved by prison officials as 
     being consistent with prison order and discipline.
                                 ______


                        GRAMM AMENDMENT NO. 2813

  Mr. GRAMM proposed an amendment to the bill H.R. 2076, supra; as 
follows:

       On page 15, line 23 strike ``148,280,000'' and insert in 
     lieu thereof ``168,280,000''.
       On page 15, line 24 strike ``and''.
       On page 16, line 2 after ``103-322'' insert ``; and of 
     which $2,000,000 shall be for activities authorized by 
     section 210501 of Public Law 103-322''.
       On page 20, line 8 strike ``$114,463,000'' and insert in 
     lieu thereof ``$104,463,000''.
       On page 115, line 9 strike ``$40,000,000'' and insert in 
     lieu thereof ``$22,000,000''.
       On page 123, line 1 strike ``$3,000,000'' and insert in 
     lieu thereof ``300,000''.
       On page 151, line 16 strike ``(1)'' and insert ``(2)''.
       On page 151, line 18, strike ``(2) and (3)'' and insert 
     ``(3) and (4)''.
       On page 151, line 19 strike ``(2)'' and insert ``(3)''.
       On page 152, line 13 strike ``(3)'' and insert ``(4)''.
       On page 153, line 14 strike ``(4)'' and insert ``(5)''.
       On page 154, line 21 strike ``(5)'' and insert ``(6)''.
       On page 155, line 3 strike ``(6)'' and insert ``(7)''.
       On page 155, line 9 strike ``(7)'' and insert ``(8)''.
       On page 155, line 19 strike ``(8)'' and insert ``(9)''.
       On page 151, line 16 after ``Sec. 614.'' insert ``(1) This 
     Act may be cited as the Equal Opportunity Act of 1995.''
       On page 161, line 25 strike ``$115,000,000'' and insert in 
     lieu thereof ``$140,000,000''.
                                 ______


               HATFIELD (AND HOLLINGS) AMENDMENT NO. 2814

  Mr. HATFIELD (for himself and Mr. Hollings) proposed an amendment to 
the bill H.R. 2076, supra; as follows:

       At the end of the Committee Amendment beginning on page 2, 
     line 9, insert the following:
       The amount from the Violent Crime Reduction Trust Fund for 
     the Edward Byrne Memorial State and Local Law Enforcement 
     Assistance Programs is reduced by $75,000,000.
       The following sums are appropriated in addition to such 
     sums provided elsewhere in this Act.
       For the Department of Justice, Edward Byrne Memorial State 
     and Local Law Enforcement Assistance Programs, $75,000,000.
       For the Department of Commerce, International Trade 
     Administration, ``Operations and Administration'', 
     $8,100,000; for the Minority Business Development Agency, 
     ``Minority Business Development'', $32,789,000; for the 
     National Telecommunication and Information Administration, 
     ``Salaries and Expenses'', $3,000,000; for the Patent and 
     Trademark Office ``Salaries and Expenses'', $26,000,000; for 
     the National Institute of Standards and Technology, 
     ``Industrial Technology Services'', $25,000,000; for the 
     National Institute of Standards and Technology, 
     ``Construction of Research Facilities'', $3,000,000; and the 
     amount for the Commerce Reorganization Transition Fund is 
     reduced by $10,000,000.
       For the Department of State, Administration of Foreign 
     Affairs ``Diplomatic and Consular Programs'', $135,635,000; 
     for ``Salaries and Expenses'', $32,724,000; for the ``Capital 
     Investment Fund'', $8,200,000.
       For the United States Information Agency, ``Salaries and 
     Expenses'', $9,000,000; for the ``Technology Fund'', 
     $2,000,000; for the ``Educational and Cultural Exchange 
     Programs'', $20,000,000 of which $10,000,000 is for the 
     Fulbright program; for the Eisenhower Exchanges, $837,000; 
     for the ``International Broadcasting Operations'', 
     $10,000,000; and for the East West Center, $10,000,000.
       For the United States Sentencing Commission, ``Salaries and 
     Expenses'', $1,460,000; for the International Trade 
     Commission, ``Salaries and Expenses'', $4,250,000; for the 
     Federal Trade Commission ``Salaries and Expenses'', 
     $9,893,000; for the Marine Mammal Commission, ``Salaries and 
     Expenses'', $384,000; for the Securities and Exchange 
     Commission, ``Salaries and Expenses'', $29,740,000; and for 
     the Small Business Administration, $30,000,000.
                                 ______


                 BIDEN (AND OTHERS) AMENDMENT NO. 2815

  Mr. BIDEN (for himself, Mr. Hatch, Mr. Hollings, Mr. Gramm, Mr. 
Wellstone, Mrs. Boxer, Mr. Kohl, Mr. Kerry, Mr. Inouye, Mr. Akaka, Mr. 
Leahy, Mr. Harkin, Ms. Mikulski, Mr. Rockefeller, Mr. Bradley, Mr. 
Conrad, Mrs. Feinstein, Ms. Moseley-Braun, Mr. Dodd, Mr. Robb, Mr. 
Sarbanes, Mr. Dorgan, Mr. Specter, Ms. 

[[Page S 14555]]
Snowe, Mr. Santorum, and Mr. Heflin) proposed an amendment to the bill 
H.R. 2076 supra; as follows:

       On page 25, line 19, strike ``$100,900,000'' and insert 
     ``$175,400,000''.
       On page 25, line 22, strike ``$4,250,000'' and insert 
     ``$6,000,000''.
       On page 26, line 1, strike ``$61,000,000'' and insert 
     ``$130,000,000''.
       On page 26, line 7, strike ``$6,000,000'' and insert 
     ``$7,000,000''.
       On page 26, line 10, insert after ``Act;'' the following: 
     ``$1,000,000 for training programs to assist probation and 
     parole officers who work with released sex offenders, as 
     authorized by section 40152(c) of the Violent Crime Control 
     and Law Enforcement Act of 1994; $500,000 for Federal 
     victim's counselors, as authorized by section 40114 of that 
     Act; $50,000 for grants for televised testimony, as 
     authorized by section 1001(a)(7) of the Omnibus Crime Control 
     and Safe Streets Act of 1968; $200,000 for the study of State 
     databases on the incidence of sexual and domestic violence, 
     as authorized by section 40292 of the Violent Crime Control 
     and Law Enforcement Act of 1994; $1,500,000 for national 
     stalker and domestic violence reduction, as authorized by 
     section 40603 of that Act;''.
                                 ______


                 McCAIN (AND DORGAN) AMENDMENT NO. 2816

  Mr. McCAIN (for himself and Mr. Dorgan) proposed an amendment to the 
bill H.R. 2076, supra; as follows:

       At the end of the pending committee amendment, insert the 
     following new section:

     SEC.   . COMPETITIVE BIDDING FOR ASSIGNMENT OF DBS LICENSES

       No funds provided in this or any other Act shall be 
     expended to take any action regarding the applications that 
     bear Federal Communications Commission File Numbers DBS-94-
     11EXT, DBS-94-15ACP, and DBS-94-16MP; Provided further, that 
     funds shall be made available for any action taken by the 
     Federal Communications Commission to use the competitive 
     bidding process prescribed in Section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. Sec. 309(j)) regarding 
     the disposition of the 27 channels at 110 deg. W.L. orbital 
     location.
                                 ______


                 KERREY (AND OTHERS) AMENDMENT NO. 2817

  Mr. KERREY (for himself, Mr. Leahy, Mr. Lieberman, and Mr. Bingaman) 
proposed an amendment to the bill H.R. 2076, supra; as follows:

       At the appropriate place in the bill insert the following: 
     ``The amounts made available to the Department of Justice in 
     Title I for administration and travel are reduced by 
     $19,200,000.''
       On page 73, between lines 4 and 5, insert the following:


                   INFORMATION INFRASTRUCTURE GRANTS

       For grants authorized by section 392 of the Communications 
     Act of 1934, as amended, $18,000,000, to remain available 
     until expended as authorized by section 391 of the Act, as 
     amended: Provided, That not to exceed $900,000 shall be 
     available for program administration and other support 
     activities as authorized by section 391 of the Act including 
     support of the Advisory Council on National Information 
     Infrastructure: Provided further, That of the funds 
     appropriated herein, not to exceed 5 percent may be available 
     for telecommunications research activities for projects 
     related directly to the development of a national information 
     infrastructure: Provided further, That notwithstanding the 
     requirements of section 392(a) and 392(c) of the Act, these 
     funds may be used for the planning and construction of 
     telecommunications networks for the provision of educational, 
     cultural, health care, public information, public safety, or 
     other social services: Provided further, That in reviewing 
     proposals for funding, the Telecommunications and Information 
     and Infrastructure Assistance Program (also known as the 
     National Information Infrastructure Program) shall add to the 
     factors taken into consideration the following: (1) the 
     extent to which the proposed project is consistent with State 
     plans and priorities for the deployment of the 
     telecommunications and information infrastructure and 
     services; and (2) the extent to which the applicant has 
     planned and coordinated the proposed project with other 
     telecommunications and information entities in the State.
                                 ______


                  BIDEN (AND BRYAN) AMENDMENT NO. 2818

  Mr. BIDEN (for himself and Mr. Bryan) proposed an amendment to the 
bill H.R. 2076, supra; as follows:

       On page 26, line 10, after ``Act;'' insert the following: 
     ``$27,000,000 for grants for residential substance abuse 
     treatment for State prisoners pursuant to section 1001(a)(17) 
     of the 1968 Act; $10,252,000 for grants for rural drug 
     enforcement assistance pursuant to section 1001(a)(9) of the 
     1968 Act;''.
       On page 28, line 11, before ``$25,000,000'' insert 
     ``$150,000,000 shall be for drug courts pursuant to title V 
     of the 1994 Act;''.
       On page 29, line 6, strike ``$750,000,000'' and insert 
     ``$728,800,000.''
       On page 29, line 15, after ``Act;'' insert the following: 
     ``$1,200,000 for Law Enforcement Family Support Programs, as 
     authorized by section 1001(a)(21) of the 1968 Act''.
       On page 44, lines 8 and 9, strike ``conventional 
     correctional facilities, including prisons and jails,'' and 
     insert ``correctional facilities, including prisons and 
     jails, or boot camp facilities and other low cost 
     correctional facilities for nonviolent offenders that can 
     free conventional prison space''.
       On page 20, line 16, strike all that follows to page 20 
     line 19, and insert: ``Section 245(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1255(i)) is amended--
       (1) in the second sentence of paragraph (1), by striking 
     ``five'' and inserting ``ten''; and
       (2) in paragraph (3), by inserting before the period at the 
     end the following: ``or, notwithstanding any other provision 
     of law, may be deposited as offsetting collections in the 
     Immigration and Naturalization Service ``Salaries and 
     Expenses'' appropriations account to be available to support 
     border enforcement and control programs''.
       The amendments made by subsection (a) shall apply to funds 
     remitted with applications for adjustment of status which 
     were filed on or after the date of enactment of this Act.
       For activities authorized by section 130016 for Public Law 
     103-322, $10,300,000, to remain available until expended, 
     which shall be derived from the Violent Crime Reduction Trust 
     Fund.
                                 ______


                DOMENICI (AND OTHERS) AMENDMENT NO. 2819

  Mr. DOMENICI (for himself, Mrs. Kassebaum, Mr. Hollings, Mr. D'Amato, 
Mr. Stevens, Mr. Inouye, Mr. Hatfield, Mr. Kennedy, and Mr. Specter) 
proposed an amendment to the bill H.R. 2076, supra; as follows:

       At the end of the committee amendment beginning on page 26, 
     line 18, add the following:

                       Legal Services Corporation


               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the Legal Services Corporation Act, $340,000,000, of which 
     $327,000,000 is for direct delivery of legal assistance, 
     including basic field programs; and $13,000,000 (to be 
     allocated by the Board of Directors of the Corporation) is 
     for management, administration, and the Office of Inspector 
     General: Provided, That $115,000,000 of the total amount 
     provided under this heading shall not be available until the 
     date on which the Corporation commences implementation of the 
     system of competitive awards of grants and contracts under 
     section 13.


         Administrative Provisions--Legal Services Corporation

       Sec. 11. Funds appropriated under this Act to the Legal 
     Services Corporation for basic field programs shall be 
     distributed as follows:
       (1) The Corporation shall define geographic areas and make 
     the funds available for each geographic area on a per capita 
     basis relative to the number of individuals in poverty 
     determined by the Bureau of the Census to be within the 
     geographic area, except as provided in paragraph (2)(B). 
     Funds for such a geographic area may be distributed by the 
     Corporation to 1 or more persons or entities eligible for 
     funding under section 1006(a)(1)(A) of the Legal Services 
     Corporation Act (42 U.S.C. 2996e(a)(1)(A)), subject to 
     sections 12 and 14.
       (2) Funds for grants from the Corporation, and contracts 
     entered into by the Corporation, for basic field programs 
     shall be allocated so as to provide--
       (A) except as provided in subparagraph (B), an equal figure 
     per individual in poverty for all geographic areas, as 
     determined on the basis of the most recent decennial census 
     of population conducted pursuant to section 141 of title 13, 
     United States Code (or, in the case of the Republic of Palau, 
     the Federated States of Micronesia, the Republic of the 
     Marshall Islands, Alaska, Hawaii, and the United States 
     Virgin Islands, on the basis of the adjusted population 
     counts historically used as the basis for such 
     determinations); and
       (B) an additional amount for Native American communities 
     that received assistance under the Legal Services Corporation 
     Act for fiscal year 1995, so that the proportion of the funds 
     appropriated to the Legal Services Corporation for basic 
     field programs for fiscal year 1996 that is received by the 
     Native American communities shall be not less than the 
     proportion of such funds appropriated for fiscal year 1995 
     that was received by the Native American communities.
       Sec. 12. None of the funds appropriated under this Act to 
     the Legal Services Corporation shall be used by the 
     Corporation to make a grant, or enter into a contract, for 
     the provision of legal assistance unless the Corporation 
     ensures that the person or entity receiving funding to 
     provide such legal assistance is--
       (1) a private attorney admitted to practice in a State or 
     the District of Columbia;
       (2) a qualified nonprofit organization, chartered under the 
     laws of a State or the District of Columbia, that--
       (A) furnishes legal assistance to eligible clients; and
       (B) is governed by a board of directors or other governing 
     body, the majority of which is comprised of attorneys who--

[[Page S 14556]]

       (i) are admitted to practice in a State or the District of 
     Columbia; and
       (ii) are appointed to terms of office on such board or body 
     by the governing body of a State, county, or municipal bar 
     association, the membership of which represents a majority of 
     the attorneys practicing law in the locality in which the 
     organization is to provide legal assistance;
       (3) a State or local government (without regard to section 
     1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42 
     U.S.C. 2996e(a)(1)(A)(ii)); or
       (4) a substate regional planning or coordination agency 
     that serves a substate area and whose governing board is 
     controlled by locally elected officials.
       Sec. 13. (a) Not later than September 1, 1996, the 
     Corporation shall implement a system of competitive awards of 
     grants and contracts that will apply to all grants and 
     contracts for the delivery of legal assistance awarded by the 
     Corporation after the date of implementation of the system.
       (b) Not later than 60 days after the date of enactment of 
     this Act, the Legal Services Corporation shall promulgate 
     regulations to implement a competitive selection process for 
     the recipients of such grants and contracts.
       (c) Such regulations shall specify selection criteria for 
     the recipients, which shall include--
       (1) a demonstration of a full understanding of the basic 
     legal needs of the eligible clients to be served and a 
     demonstration of the capability of serving the needs;
       (2) the quality, feasibility, and cost effectiveness of a 
     plan submitted by an applicant for the delivery of legal 
     assistance to the eligible clients to be served; and
       (3) the experience of the Corporation with the applicant, 
     if the applicant has previously received financial assistance 
     from the Corporation, including the record of the applicant 
     of past compliance with Corporation policies, practices, and 
     restrictions.
       (d) Such regulations shall ensure that timely notice 
     regarding an opportunity to submit an application for such an 
     award is published in periodicals of local and State bar 
     associations and in at least 1 daily newspaper of general 
     circulation in the area to be served by the person or entity 
     receiving the award.
       (e) No person or entity that was previously awarded a grant 
     or contract by the Legal Services Corporation for the 
     provision of legal assistance may be given any preference in 
     the competitive selection process.
       (f) Sections 1007(a)(9) and 1011 of the Legal Services 
     Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) 
     shall not apply to grants and contracts awarded under the 
     system of competitive awards for grants and contracts for the 
     delivery of legal assistance.
       Sec. 14. (a) None of the funds appropriated under this Act 
     to the Legal Services Corporation may be used to provide 
     financial assistance to any person or entity (which may be 
     referred to in this section as a ``recipient'')--
       (1) that makes available any funds, personnel, or equipment 
     for use in advocating or opposing any plan or proposal, or 
     represents any party or participates in any other way in 
     litigation, that is intended to or has the effect of 
     altering, revising, or reapportioning a legislative, 
     judicial, or elective district at any level of government, 
     including influencing the timing or manner of the taking of a 
     census;
       (2) that attempts to influence the issuance, amendment, or 
     revocation of any executive order, regulation, or similar 
     promulgation by any Federal, State, or local agency, except 
     as permitted in paragraph (3);
       (3) that attempts to influence any decision by a Federal, 
     State, or local agency, except when legal assistance is 
     provided by an employee of a recipient to an eligible client 
     on a particular application, claim, or case--
       (A) that directly involves a legal right or responsibility 
     of the client; and
       (B) that does not involve the issuance, amendment, or 
     revocation of any agency promulgation described in paragraph 
     (2);
       (4) that attempts to influence the passage or defeat of any 
     legislation, constitutional amendment, referendum, 
     initiative, or any similar procedure of Congress or a State 
     or local legislative body;
       (5) that attempts to influence the conduct of oversight 
     proceedings of the Corporation or any person or entity 
     receiving financial assistance provided by the Corporation;
       (6) that pays for any personal service, advertisement, 
     telegram, telephone communication, letter, printed or written 
     matter, administrative expense, or related expense, 
     associated with an activity prohibited in this section;
       (7) that initiates or participates in a class action suit;
       (8) that files a complaint or otherwise initiates 
     litigation against a defendant, or engages in a precomplaint 
     settlement negotiation with a prospective defendant, unless--
       (A) each plaintiff has been specifically identified, by 
     name, in any complaint filed for purposes of such litigation 
     or prior to the precomplaint settlement negotiation; and
       (B) a statement of facts written in English and, if 
     necessary, in a language that the plaintiff understands, that 
     enumerates the particular facts known to the plaintiff on 
     which the complaint is based, has been signed by the 
     plaintiff, is kept on file by the recipient, and is made 
     available to any Federal department or agency that is 
     auditing or monitoring the activities of the Corporation or 
     of the recipient, and to any auditor or monitor receiving 
     Federal funds to conduct such auditing or monitoring, 
     including any auditor or monitor of the Corporation, except 
     that--
       (i) on establishment of reasonable cause that an injunction 
     is necessary to prevent probable, serious harm to a potential 
     plaintiff, a court of competent jurisdiction may enjoin the 
     disclosure of the identity of the potential plaintiff pending 
     the outcome of such litigation or negotiation after notice 
     and an opportunity for a hearing is provided to potential 
     parties to the litigation or the negotiation; and
       (ii) other parties to the litigation or negotiation shall 
     have access to the statement of facts only through the 
     discovery process after litigation has begun;
       (9) unless--
       (A) prior to the provision of financial assistance--
       (i) if the person or entity is a nonprofit organization, 
     the governing board of the person or entity has set specific 
     priorities in writing, pursuant to section 1007(a)(2)(C)(i) 
     of the Legal Services Corporation Act (42 U.S.C. 
     2996f(a)(2)(C)(i)), of the types of matters and cases to 
     which the staff of the nonprofit organization shall devote 
     time and resources; and
       (ii) the staff of such person or entity has signed a 
     written agreement not to undertake cases or matters other 
     than in accordance with the specific priorities set by such 
     governing board, except in emergency situations defined by 
     such board and in accordance with the written procedures of 
     such board for such situations; and
       (B) the staff of such person or entity provides to the 
     governing board on a quarterly basis, and to the Corporation 
     on an annual basis, information on all cases or matters 
     undertaken other than cases or matters undertaken in 
     accordance with such priorities;
       (10) unless--
       (A) prior to receiving the financial assistance, such 
     person or entity agrees to maintain records of time spent on 
     each case or matter with respect to which the person or 
     entity is engaged;
       (B) any funds, including Interest on Lawyers Trust Account 
     funds, received from a source other than the Corporation by 
     the person or entity, and disbursements of such funds, are 
     accounted for and reported as receipts and disbursements, 
     respectively, separate and distinct from Corporation funds; 
     and
       (C) the person or entity agrees (notwithstanding section 
     1009(d) of the Legal Services Corporation Act (42 U.S.C. 
     2996h(d)) to make the records described in subparagraph (A) 
     available to any Federal department or agency that is 
     auditing or monitoring the activities of the Corporation or 
     of the recipient, and to any auditor or monitor receiving 
     Federal funds to conduct such auditing or monitoring, 
     including any auditor or monitor of the Corporation;
       (11) that provides legal assistance for or on behalf of any 
     alien, unless the alien is present in the United States and 
     is--
       (A) an alien lawfully admitted for permanent residence as 
     defined in section 101(a)(20) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(20));
       (B) an alien who--
       (i) is married to a United States citizen or is a parent or 
     an unmarried child under the age of 21 years of such a 
     citizen; and
       (ii) has filed an application to adjust the status of the 
     alien to the status of a lawful permanent resident under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     which application has not been rejected;
       (C) an alien who is lawfully present in the United States 
     pursuant to an admission under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157) (relating to refugee 
     admission) or who has been granted asylum by the Attorney 
     General under such Act;
       (D) an alien who is lawfully present in the United States 
     as a result of withholding of deportation by the Attorney 
     General pursuant to section 243(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1253(h));
       (E) an alien to whom section 305 of the Immigration Reform 
     and Control Act of 1986 (8 U.S.C. 1101 note) applies, but 
     only to the extent that the legal assistance provided is the 
     legal assistance described in such section; or
       (F) an alien who is lawfully present in the United States 
     as a result of being granted conditional entry to the United 
     States before April 1, 1980, pursuant to section 203(a)(7) of 
     the Immigration and Nationality Act (8 U.S.C. 1153(a)(7)), as 
     in effect on such date, because of persecution or fear of 
     persecution on account of race, religion, or political 
     calamity;
       (12) that supports or conducts a training program for the 
     purpose of advocating a particular public policy or 
     encouraging a political activity, a labor or antilabor 
     activity, a boycott, picketing, a strike, or a demonstration, 
     including the dissemination of information about such a 
     policy or activity, except that this paragraph shall not be 
     construed to prohibit the provision of training to an 
     attorney or a paralegal to prepare the attorney or paralegal 
     to provide--
       (A) adequate legal assistance to eligible clients; or
       (B) advice to any eligible client as to the legal rights of 
     the client;
       (13) that provides legal assistance with respect to any 
     fee-generating case, if a private attorney is available and 
     willing to take the case;

[[Page S 14557]]

       (14) that claims, or whose employee or eligible client 
     claims, or collects, attorneys' fees from a nongovernmental 
     party to litigation, initiated after January 1, 1996, by such 
     client with the assistance of such recipient or an employee 
     of the recipient;
       (15) that participates in any litigation with respect to 
     abortion;
       (16) that participates in any litigation on behalf of a 
     person incarcerated in a Federal, State, or local prison;
       (17) that initiates legal representation or participates in 
     any other way, in litigation, lobbying, or rulemaking, 
     involving an effort to reform a Federal or State welfare 
     system, except that this paragraph shall not be construed to 
     preclude a recipient from representing an individual eligible 
     client who is seeking specific relief from a welfare agency, 
     if such relief does not involve an effort to amend or 
     otherwise challenge existing law (as of the date of the 
     effort);
       (18) that defends a person in a proceeding to evict the 
     person from a public housing project if--
       (A) the person has been charged with the illegal sale or 
     distribution of a controlled substance; and
       (B) the eviction proceeding is brought by a public housing 
     agency because the illegal drug activity of the person 
     threatens the health or safety of another tenant residing in 
     the public housing project or employee of the public housing 
     agency; or
       (19) unless such person or entity agrees that the person or 
     entity, and the employees of the person or entity, will not 
     accept employment resulting from in-person unsolicited advice 
     to a nonattorney that such nonattorney should obtain counsel 
     or take legal action, and will not refer such nonattorney to 
     a second person or entity or an employee of the person or 
     entity, that is receiving financial assistance provided by 
     the Legal Services Corporation, except that this paragraph 
     shall not be construed to prohibit such first person or 
     entity or an employee of the person or entity from referring 
     such nonattorney to the appropriate Federal, State, or local 
     agency with jurisdiction over the matter involved.
       (b) Nothing in this section shall be interpreted to 
     prohibit--
       (1) a recipient from using funds from a source other than 
     the Corporation for the purpose of contacting, communicating 
     with, or responding to a request from, a State or local 
     government agency, a State or local legislative body or 
     committee, or a member thereof, regarding funding for the 
     recipient, including a pending or proposed legislative or 
     agency proposal to fund such recipient; or
       (2) the Corporation from responding to a request for 
     comments regarding a Federal funding proposal.
       (c) Not later than 30 days after the date of enactment of 
     this Act, the Corporation shall promulgate a suggested list 
     of priorities that boards of directors may use in setting 
     priorities under subsection (a)(9).
       (d)(1) The Corporation shall not accept any non-Federal 
     funds, and no recipient shall accept funds from any source 
     other than the Corporation, unless the Corporation or the 
     recipient, as the case may be, notifies in writing the source 
     of the funds that the funds may not be expended for any 
     purpose prohibited by the Legal Services Corporation Act or 
     this title.
       (2) Paragraph (1) shall not prevent a recipient from--
       (A) receiving Indian tribal funds (including funds from 
     private nonprofit organizations for the benefit of Indians or 
     Indian tribes) and expending the tribal funds in accordance 
     with the specific purposes for which the tribal funds are 
     provided; or
       (B) using funds received from a source other than the 
     Corporation to provide legal assistance to a client who is 
     not an eligible client if such funds are used for the 
     specific purposes for which such funds were received, except 
     that such funds may not be expended by recipients for any 
     purpose prohibited by the Legal Services Corporation Act or 
     this title (other than any requirement regarding the 
     eligibility of clients).
       (e) As used in this section:
       (1) The term ``controlled substance'' has the meaning given 
     the term in section 102 of the Controlled Substances Act (21 
     U.S.C. 802).
       (2) The term ``fee-generating case'' means a case that, if 
     undertaken on behalf of an eligible client by a private 
     attorney would reasonably be expected to result in a fee for 
     legal services from an award to an eligible client from 
     public funds, from the opposing party, or from any other 
     source.
       (3) The term ``individual in poverty'' means an individual 
     who is a member of a family (of 1 or more members) with an 
     income at or below the poverty line.
       (4) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
     family of the size involved.
       (5) The term ``public housing project'' has the meaning as 
     used within section 3, and the term ``public housing agency'' 
     has the meaning given the term in section 3, of the United 
     States Housing Act of 1937 (42 U.S.C. 1437a).
       Sec. 15. None of the funds appropriated under this Act to 
     the Legal Services Corporation or provided by the Corporation 
     to any entity or person may be used to pay membership dues to 
     any private or nonprofit organization.
       Sec. 16. The requirements of sections 14 and 15 shall apply 
     to the activities of a recipient described in section 14, or 
     an employee of such a recipient, during the provision of 
     legal assistance for a case or matter, if the recipient or 
     employee begins to provide the legal assistance on or after 
     the date of enactment of this Act. If the recipient or 
     employee began to provide legal assistance for the case or 
     matter prior to such date, and begins to provide legal 
     assistance for an additional related claim on or after such 
     date, the requirements shall apply to the activities of the 
     recipient or employee during the provision of legal 
     assistance for the claim.
       Sec. 17. (a) Notwithstanding any other provision of this 
     Act, the amounts appropriated under this Act for the accounts 
     referred to in subsection (b) shall be adjusted as described 
     in subsection (b).
       (b)(1) In the matter under the heading ``office of 
     inspector general'' under the heading ``General 
     Administration'' in title I, the reference to ``$30,484,000'' 
     shall be considered to be a reference to ``$27,436,000''.
       (2) In the matter under the heading ``salaries and 
     expenses, general legal activities'' under the heading 
     ``Legal Activities'' in title I, the reference to 
     ``$431,660,000'' shall be considered to be a reference to 
     ``$406,529,000''.
       (3) In the matter under the heading ``salaries and 
     expenses, united states attorneys'' under the heading ``Legal 
     Activities'' in title I, the reference to ``$920,537,000'' 
     shall be considered to be a reference to ``$909,463,000''.
       (4) In the matter under the heading ``construction'' under 
     the heading ``Federal Bureau of Investigation'' in title I, 
     the reference to ``$147,800,000'' shall be considered to be a 
     reference to ``$98,800,000''.
       (5) In the matter under the heading ``salaries and 
     expenses'' under the heading ``International Trade 
     Commission'' under the heading ``RELATED AGENCIES'' under the 
     heading ``Trade and Infrastructure Development'' in title II, 
     the reference to ``$34,000,000'' shall be considered to be a 
     reference to ``$29,750,000''.
       (6) In the matter under the heading ``salaries and 
     expenses'' under the heading ``Economic and Information 
     Infrastructure Economic and Statistical Analysis'' under the 
     heading ``DEPARTMENT OF COMMERCE'' in title II, the reference 
     to ``$57,220,000'' shall be considered to be a reference to 
     ``$46,896,000''.
       (7) In the matter under the heading ``salaries and 
     expenses'' under the heading ``Bureau of the Census'' under 
     the heading ``DEPARTMENT OF COMMERCE'' in title II, the 
     reference to ``$144,812,000'' shall be considered to be a 
     reference to ``$133,812,000''.
       (8) In the matter under the heading ``office of inspector 
     general'' under the heading ``General Administration'' under 
     the heading ``DEPARTMENT OF COMMERCE'' in title II, the 
     reference to ``$21,849,000'' shall be considered to be a 
     reference to ``$19,849,000''.
       (9) In the matter under the heading ``commerce 
     reorganization transition fund'' under the heading ``General 
     Administration'' under the heading ``DEPARTMENT OF COMMERCE'' 
     in title II, the reference to the dollar amount for deposit 
     in the Commerce Reorganization Transition Fund established 
     under section 206(c)(1) for use in accordance with section 
     206(c)(4) shall be considered to be reduced by $5,000,000.
       (10) In the matter under the heading ``salaries and 
     expenses'' under the heading ``Courts of Appeals, District 
     Courts, and Other Judicial Services'' in title III, the 
     reference to ``$2,471,195,000'' shall be considered to be a 
     reference to ``$2,446,194,665''.
       (11) In the matter under the heading ``foreign affairs 
     reorganization transition fund'' under the heading 
     ``Administration of Foreign Affairs'' under the heading 
     ``DEPARTMENT OF STATE'' in title IV, the reference to 
     ``$26,000,000'' shall be considered to be a reference to 
     ``$5,000,000''.
       (12) In the matter under the heading ``office of inspector 
     general'' under the heading ``Administration of Foreign 
     Affairs'' under the heading ``DEPARTMENT OF STATE'' in title 
     IV, the reference to ``$27,350,000'' shall be considered to 
     be a reference to ``$24,350,000''.
       (13) In the matter under the heading ``working capitol fund 
     (rescission)'' under the heading ``General Administration'' 
     under the heading ``DEPARTMENT OF JUSTICE'' in title VII, the 
     reference to ``$35,000,000'' shall be considered to be a 
     reference to ``$55,000,000''.
       Sec. 18. Notwithstanding any other provision of this Act, 
     section 120, and the matter under the heading ``civil legal 
     assistance'' under the heading ``Office of Justice Programs'' 
     in title I, shall have no effect.
                                 ______


                 ABRAHAM (AND GRAMS) AMENDMENT NO. 2820

  Mr. GRAMM (for Mr. Abraham, for himself, and Mr. Grams) proposed an 
amendment to the bill H.R. 2076, supra, as follows:

       At the appropriate place in the bill insert the following 
     new section:
       Sec.   . (a) The Regulatory Coordination Advisory Committee 
     for the Commodity Futures Trading Commission is terminated.
       (b) Section 5(h) of the Export Administration Act of 1979 
     is repealed.
       (c)(1) Section 5002 of title 18, United States Code, is 
     repealed.
       (2) The table of sections for chapter 401 of title 18, 
     United States Code, is amended by 

[[Page S 14558]]
     striking out the item relating to the Advisory Corrections Council.
       (d) This action shall take effect 30 days after the date of 
     the enactment of this Act.
                                 ______


                        HELMS AMENDMENT NO. 2821

  Mr. GRAMM (for Mr. Helms) proposed an amendment to the bill H.R. 
29076, supra, as follows:

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . EXTENSION OF AU PAIR PROGRAMS.

       Section 8 of the Eisenhower Exchange Fellowship Act of 1990 
     is amended in the last sentence by striking ``fiscal year 
     1995'' and inserting ``fiscal year 1999''.
                                 ______


                 DORGAN (AND CONRAD) AMENDMENT NO. 2822

  Mr. GRAMM (for Mr. Dorgan, for himself, and Mr. Conrad) proposed an 
amendment to the bill H.R. 2076, supra, as follows:

       On page 124, after line 20, insert the following:

     SEC. 6   . SENSE OF THE SENATE ON UNITED STATES-CANADIAN 
                   COOPERATION CONCERNING AN OUTLET TO RELIEVE 
                   FLOODING AT DEVILS LAKE IN NORTH DAKOTA.

       (a) Findings.--The Senate finds that--
       (1) flooding in Devils Lake Basin, North Dakota, has 
     resulted in water levels in the lake reaching their highest 
     point in 120 years;
       (2) basements are flooded and the town of Devils Lake is 
     threatened with lake water reaching the limits of the 
     protective dikes of the lake;
       (3) the Army Corps of Engineers and the Bureau of 
     Reclamation are now study the feasibility of constructing an 
     outlet from Devils Lake Basin;
       (4) an outlet from Devils Lake Basin will allow the 
     transfer of water from Devils Lake Basin to the Red River of 
     the North watershed that the United States shares with 
     Canada; and
       (5) the Treaty Relating to the Boundary Waters and 
     Questions Arising Along the Boundary Between the United 
     States and Canada, signed at Washington on January 11, 1909 
     (36 Stat. 2448; TS 548) (commonly known as the ``Boundary 
     Water Treaty of 1909''), provides that ``waters flowing 
     across the boundary shall not be polluted on either side to 
     the injury of health or property on the other.'' (36 Stat. 
     2450).
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the United States Government should seek to establish a 
     joint United States-Canadian technical committee to review 
     the Devils Lake Basin outlet project to consider options for 
     an outlet that would meet Canadian concerns with regard to 
     the Boundary Water Treaty of 1909.
                                 ______


                   HOLLINGS AMENDMENTS NOS. 2823-2824

  Mr. GRAMM (for Mr. Hollings) proposed two amendments to the bill H.R. 
2076, supra; as follows:

                           Amendment No. 2823

       On page 75 of the bill, line 7, after ``grants'' insert the 
     following: ``Provided further, That of the amounts provided 
     in this paragraph $76,300,000 is for the Manufacturing 
     Extension Partnership program''.
                                                                    ____


                           Amendment No. 2824

       Table the Committee amendment on page 79, lines 1 through 
     6.
       On page 79, line 22, delete ``$42,000,000'' and insert 
     ``$37,000,000''.
                                 ______


                        GRAMM AMENDMENT NO. 2825

  Mr. GRAMM proposed an amendment to the bill H.R. 2076, supra; as 
follows:

       On page 115, line 2 after ``equipment'' insert the 
     following ``: Provided further, That not later than April 1, 
     1996, the headquarters of the Office of Cuba Broadcasting 
     shall be relocated from Washington, D.C. to south Florida, 
     and that any funds available to the United States Information 
     Agency may be available to carry out this relocation''.
                                 ______


               HATFIELD (AND HOLLINGS) AMENDMENT NO. 2826

  Mr. GRAMM (for Mr. Hatfield, for himself and Mr. Hollings) proposed 
an amendment to the bill H.R. 2076, supra; as follows:

       At the appropriate place, insert the following new section:
       Sec.   . Sections 6(a) and 6(b) of Public Law 101-454 are 
     repealed. In addition, notwithstanding any other provision of 
     law, Eisenhower Exchange Fellowships, Incorporated, may use 
     any earned but unused trust income from the period 1992 
     through 1995 for Fellowship purposes.
                                 ______


                        HELMS AMENDMENT NO. 2827

  Mr. GRAMM (for Mr. Helms) proposed an amendment to the bill H.R. 
2076, supra; as follows:

       On page 110, between lines 2 and 3, insert the following 
     new section:
       Sec. 405. (a) Subject to subsection (b), section 15(a) of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2680(a)) and section 701 of the United States Information and 
     Educational Exchange Act of 1948 and section 313 of the 
     Foreign Relations Authorization Act, fiscal years 1994 and 
     1995 and section 53 of this Arms Control and Disarmament Act 
     shall not apply to appropriations made available for the 
     Department of State in this Act.
       (b) The waiver of subsection (a) shall cease to apply 
     December 1, 1995.
                                 ______


                  HELMS (AND PELL) AMENDMENT NO. 2828

  Mr. GRAMM (for Mr. Helms, for himself and Mr. Pell) proposed an 
amendment to the bill H.R. 2076, supra; as follows:

       On page 93, line 7, after ``Provided,'' insert the 
     following: ``That, notwithstanding the second sentence of 
     section 140(a)(3) of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (Public Law 103-236), not to 
     exceed $125,000,000 of fees may be collected during fiscal 
     year 1996 under the authority of section 140(a)(1) of that 
     Act: Provided further, That all fees collected under the 
     preceding proviso shall be deposited in fiscal year 1996 as 
     an offsetting collection to appropriations made under this 
     heading to recover the costs of providing consular services 
     and shall remain available until expended: Provided 
     further,''.

                          ____________________