[Congressional Record Volume 141, Number 154 (Friday, September 29, 1995)]
[Senate]
[Pages S14754-S14764]
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 FOR FISCAL YEAR 1996

                                 ______


                   BINGAMAN AMENDMENTS NOS. 2829-2831

  (Ordered to lie on the table.)
  Mr. BINGAMAN submitted three amendments intended to be proposed by 
him to the bill (H.R. 2076) making appropriations for the Department of 
Commerce, Justice, and State, the Judiciary, and related agencies 
programs for the fiscal year ending September 30, 1996, and for other 
purposes, as follows:

                           Amendment No. 2829

       On page 16, line, 26, strike ``$790,000,000 and insert 
     ``$789,900,000''.
       On page 120, between lines 9 and 10, insert the following:


                     COMPETITIVENESS POLICY COUNCIL

       For necessary expenses of the Competitiveness Policy 
     Council, $100,000.
                                                                    ____


                           Amendment No. 2830

       On page 93, between lines 9 and 10, insert the following:
       And also provided, That by May 31, 1996, the State 
     Department will report to the President and to Congress on 
     potential cost savings generated by extending foreign service 
     officer tours of duty in nations for which the State 
     Department requires two-year language study programs, but 
     specifically including China, Korea, and Japan. This study 
     should consider extending terms on the following basis: 
     junior officers from the current two year maximum term to a 
     three-year tour; and mid to senior foreign service officers 
     from the current three year minimum term to four year minimum 
     with a possible employee-initiated one year extension.
                                                                    ____


                           Amendment No. 2831

       At the appropriate place, insert the following:

     SEC. ____. ENERGY SAVINGS AT FEDERAL FACILITIES.

       (a) Reduction in Facilities Energy Costs.--
       (1) In general.--The head of each agency for which funds 
     are made available under this Act shall--
       (A) take all actions necessary to achieve during fiscal 
     year 1996 a 5 percent reduction, from fiscal year 1995 
     levels, in the energy costs of the facilities used by the 
     agency; or
       (B) enter into a sufficient number of energy savings 
     performance contracts with private sector energy service 
     companies under title VIII of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287 et seq.) to achieve 
     during fiscal year 1996 at least a 5 percent reduction, from 
     fiscal year 1995 levels, in the energy use of the facilities 
     used by the agency.
       (2) Goal.--The activities described in paragraph (1) should 
     be a key component of agency programs that will by the year 
     2000 result in a 20 percent reduction, from fiscal year 1985 
     levels, in the energy use of the facilities used by the 
     agency, as required by section 543 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8253).
       (b) Use of Cost Savings.--An amount equal to the amount of 
     cost savings realized by an agency under subsection (a) shall 
     remain available for obligation through the end of fiscal 
     year 2000, without further authorization or appropriation, as 
     follows:
       (1) Conservation measures.--Fifty percent of the amount 
     shall remain available for the implementation of additional 
     energy conservation measures and for water conservation 
     measures at such facilities used by the agency as are 
     designated by the head of the agency.
       (2) Other purposes.--Fifty percent of the amount shall 
     remain available for use by the agency for such purposes as 
     are designated by the head of the agency, consistent with 
     applicable law.
       (c) Reports.--
       (1) By agency heads.--The head of each agency for which 
     funds are made available under this Act shall include in each 
     report of the agency to the Secretary of Energy under section 
     548(a) of the National Energy Conservation Policy Act (42 
     U.S.C. 8258(a)) a description of the results of the 
     activities carried out under subsection (a) and 
     recommendations concerning how to further reduce energy costs 
     and energy consumption in the future.
       (2) By secretary of energy.--The reports required under 
     paragraph (1) shall be included in the annual reports 
     required to be submitted to Congress by the Secretary of 
     Energy under section 548(b) of the Act (42 U.S.C. 8258(b)).
       (3) Contents.--With respect to the period since the date of 
     the preceding report, a report under paragraph (1) or (2) 
     shall--
       (A) specify the total energy costs of the facilities used 
     by the agency;
       (B) identify the reductions achieved;
       (C) specify the actions that resulted in the reductions;
       (D) with respect to the procurement procedures of the 
     agency, specify what actions have been taken to--
       (i) implement the procurement authorities provided by 
     subsections (a) and (c) of section 546 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8256); and
       (ii) incorporate directly, or by reference, the 
     requirements of the regulations issued by the Secretary of 
     Energy under title VIII of the Act (42 U.S.C. 8287 et seq.); 
     and
       (E) specify--
       (i) the actions taken by the agency to achieve the goal 
     specified in subsection (a)(2);
       (ii) the procurement procedures and methods used by the 
     agency under section 546(a)(2) of the Act (42 U.S.C. 
     8256(a)(2)); and
       (iii) the number of energy savings performance contracts 
     entered into by the agency under title VIII of the Act (42 
     U.S.C. 8287 et seq.).
                                 ______


                HATFIELD (AND OTHERS) AMENDMENT NO. 2832

  (Ordered to lie on the table.)
  Mr. HATFIELD (for himself, Mr. Dorgan, Mr. Feingold, Mr. Bumpers, Mr. 
Harkin, and Mr. Pell) submitted an amendment intended to be proposed by 
them to the bill H.R. 2076, supra, as follows:

       On page 162, between lines 6 and 7, insert the following 
     new title:
             TITLE VIII--CODE OF CONDUCT ON ARMS TRANSFERS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Code of Conduct on Arms 
     Transfers Act of 1995''.

     SEC. 802. FINDINGS.

       The Congress finds the following:
       (1) Approximately 40,000,000 people, over 75 percent 
     civilians, died as a result of civil and international wars 
     fought with conventional weapons during the 45 years of the 
     Cold War, demonstrating that conventional weapons can in fact 
     be weapons of mass destruction.
       (2) Conflict has actually increased in the post-Cold War 
     era, with 34 major wars in progress during 1993.
       (3) War is both a human tragedy and an ongoing economic 
     disaster affecting the entire world, including the United 
     States and its economy, because it decimates both local 
     investment and potential export markets.
       (4) International trade in conventional weapons increases 
     the risk and impact of war in an already over-militarized 
     world, creating far more costs than benefits for the United 
     States economy through increased United States defense and 
     foreign assistance spending and reduced demand for United 
     States civilian exports.
       (5) The newly established United Nations Register of 
     Conventional Arms can be an effective first step in support 
     of limitations on the supply of conventional weapons to 
     developing countries, and compliance with its reporting 
     requirements by a foreign government can be an integral tool 
     in determining the worthiness of such government for the 
     receipts of United States military assistance and arms 
     transfers.
       (6) It is in the national security and economic interests 
     of the United States to reduce dramatically the 
     $1,038,000,000,000 that all countries spend on armed forces 
     every year, $242,000,000,000 of which is spent by developing 
     countries, an amount equivalent to 4 times the total 
     bilateral and multilateral foreign assistance such countries 
     receive every year.
       (7) According to the Congressional Research Service of the 
     Library of Congress, the United States supplies more 
     conventional weapons to developing countries than all other 
     countries combined, averaging $14,956,000,000 each year in 
     agreements to supply such weapons to developing countries 
     since the end of the Cold War, compared to $7,300,000,000 
     each year in such agreements prior to the dissolution of the 
     Soviet Union.
       (8) In recent years the vast majority of United States arms 
     transfers to developing countries are to countries with an 
     undemocratic form of government whose citizens, according to 
     the Department of State Country Reports on Human Rights 
     Practices do 

[[Page S 14755]]
     not have the ability to peaceably change their form of government.
       (9) Although a goal of United States foreign policy should 
     be to work with foreign governments and international 
     organizations to reduce militarization and dictatorship and 
     therefore prevent conflicts before they arise, during 4 
     recent deployments of United States Armed Forces--to the 
     Republic of Panama, the Persian Gulf, Somalia, and Haiti--the 
     Armed Forces faced conventional weapons that had been 
     provided or financed by the United States to undemocratic 
     governments.
       (10) The proliferation of conventional arms and conflicts 
     around the globe is a multilateral problem, and the fact that 
     the United States has emerged as the world's primary seller 
     of conventional weapons, together with the world leadership 
     role of the United States, signifies that the United States 
     is in a position to seek multilateral restraints on the 
     competition for and transfers of conventional weapons.
       (11) The Congress has the constitutional responsibility to 
     participate with the executive branch of Government in 
     decisions to provide military assistance and arms transfers 
     to a foreign government, and in the formulation of a policy 
     designed to reduce dramatically the level of international 
     militarization.
       (12) A decision to provide military assistance and arms 
     transfers to a government that is undemocratic, does not 
     adequately protect human rights, is currently engaged in acts 
     of armed aggression, or is not fully participating in the 
     United Nations Register of Conventional Arms, should require 
     a higher level of scrutiny than does a decision to provide 
     such assistance and arms transfers to a government to which 
     these conditions do not apply.

     SEC. 803. PURPOSE.

       The purpose of this title is to provide clear policy 
     guidelines and congressional responsibility for determining 
     the eligibility of foreign governments to be considered for 
     United States military assistance and arms transfers.

     SEC. 804. PROHIBITION OF UNITED STATES MILITARY ASSISTANCE 
                   AND ARMS TRANSFERS TO CERTAIN FOREIGN 
                   GOVERNMENTS.

       (a) Prohibition.--Except as provided in subsections (b) and 
     (c), no funds may be made available under any provision of 
     law to provide United States military assistance or arms 
     transfers to a foreign government for a fiscal year unless 
     the President certifies to the Congress for that fiscal year 
     that such government meets the following requirements:
       (1) Promotes democracy.--Such government--
       (A) was chosen by and permits free and fair elections;
       (B) promotes civilian control of the military and security 
     forces and has civilian institutions controlling the policy, 
     operation, and spending of all law enforcement and security 
     institutions, as well as the armed forces;
       (C) promotes the rule of law, equality before the law, and 
     respect for individual and minority rights, including freedom 
     to speak, publish, associate, and organize; and
       (D) promotes the strengthening of political, legislative, 
     and civil institutions of democracy, as well as autonomous 
     institutions to monitor the conduct of public officials and 
     to combat corruption.
       (2) Respects human rights.--Such government--
       (A) does not engage in gross violations of internationally 
     recognized human rights, including--
       (i) extrajudicial or arbitrary executions;
       (ii) disappearances;
       (iii) torture or severe mistreatment;
       (iv) prolonged arbitrary imprisonment;
       (v) systematic official discrimination on the basis of 
     race, ethnicity, religion, gender, national origin, or 
     political affiliation; and
       (vi) grave breaches of international laws of war or 
     equivalent violations of the laws of war in internal 
     conflicts;
       (B) vigorously investigates, disciplines, and prosecutes 
     those responsible for gross violations of internationally 
     recognized human rights;
       (C) permits access on a regular basis to political 
     prisoners by international humanitarian organizations such as 
     the International Committee of the Red Cross;
       (D) promotes the independence of the judiciary and other 
     official bodies that oversee the protection of human rights;
       (E) does not impede the free functioning of domestic and 
     international human rights organizations; and
       (F) provides access on a regular basis to humanitarian 
     organizations in situations of conflict or famine.
       (3) Not engaged in certain acts of armed aggression.--Such 
     government is not currently engaged in acts of armed 
     aggression in violation of international law.
       (4) Full participation in united nations register of 
     conventional arms.--Such government is fully participating in 
     the United Nations Register of Conventional Arms.
       (b) Requirement for Continuing Compliance.--Any 
     certification with respect to a foreign government for a 
     fiscal year under subsection (a) shall cease to be effective 
     for that fiscal year if the President certifies to the 
     Congress that such government has not continued to comply 
     with the requirements contained in paragraphs (1) through (4) 
     of such subsection.
       (c) Exemption.--The prohibition contained in subsection (a) 
     shall not apply with respect to a foreign government for a 
     fiscal year if--
       (1) the President submits a request for an exemption to the 
     Congress containing a determination that it is in the 
     national security interest of the United States to provide 
     military assistance and arms transfers to such government; 
     and
       (2) the Congress enacts a law approving such exemption 
     request.
       (d) Notification to Congress.--The President shall submit 
     to the Congress initial certifications under subsection (a) 
     and requests for exemptions under subsection (c) in 
     conjunction with the submission of the annual request for 
     enactment of authorizations and appropriations for foreign 
     assistance programs for a fiscal year and shall, where 
     appropriate, submit additional or amended certifications and 
     requests for exemptions at any time thereafter in the fiscal 
     year.

     SEC. 805. SENSE OF THE CONGRESS.

       It is the sense of the Congress that the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Foreign Relations of the Senate should hold 
     hearings on controversial certifications submitted under 
     section 804(a) and all requests for exemptions submitted 
     under section 804(c).

     SEC. 806. UNITED STATES MILITARY ASSISTANCE AND ARMS 
                   TRANSFERS DEFINED.

       For purposes of this title, the terms ``United States 
     military assistance and arms transfers'' and ``military 
     assistance and arms transfers'' means--
       (1) assistance under chapter 2 of part II of the Foreign 
     Assistance Act of 1961 (relating to military assistance), 
     including the transfer of excess defense articles under 
     sections 516 through 519 of that Act;
       (2) assistance under chapter 5 of part II of the Foreign 
     Assistance Act of 1961 (relating to international military 
     education and training);
       (3) assistance under the ``Foreign Military Financing 
     Program'' under section 23 of the Arms Export Control Act; or
       (4) the transfer of defense articles, defense services, or 
     design and construction services under the Arms Export 
     Control Act, including defense articles and defense services 
     licensed or approved for export under section 38 of that Act.
                                 ______


                    HELMS AMENDMENTS NOS. 2833-2837

  (Ordered to lie on the table.)
  Mr. HELMS submitted five amendments intended to be proposed by him to 
the bill H.R. 2076, supra, as follows:

                           Amendment No. 2833

       In lieu of the matter proposed to be inserted by the 
     amendment, insert the following: ``:Provided, That none of 
     the funds appropriated or otherwise made available under this 
     heading may be available to carry out any purpose other 
     than--
       ``(1) the abolition of the United States Arms Control and 
     Disarmament Agency on a date which is not later than 60 days 
     after the date of enactment of this Act,
       ``(2) the transfer to the Secretary of State prior to the 
     abolition of the Agency of all functions vested by law in, or 
     exercised by, the Director of the Agency, the Agency itself, 
     or any officer, employee, or component thereof, immediately 
     prior to the date of transfer, and
       ``(3) the transfer to the Secretary of State prior to the 
     abolition of the Agency of all personnel employed in 
     connection with, and the assets, liabilities, contracts, 
     property, records, and unexpended balances or appropriations 
     and other funds employed, used, held, arising from, available 
     to, and to be made available in connection with, functions 
     transferred under paragraph (2).''.
                                                                    ____


                           Amendment No. 2834

       On page 110, between lines 2 and 3, insert the following 
     new section:

     SEC. 405. PROHIBITION ON PROVISION OF UNITED STATES ARMED 
                   FORCES TO UNITED NATIONS OPERATIONS.

       Section 628 of the Foreign Assistance Act of 1961 shall not 
     apply to the detail, assignment, or other availability of 
     forces of the Armed Forces of the United States to the United 
     Nations or United Nations-related activities, including 
     United Nations peacekeeping activities.
                                                                    ____


                           Amendment No. 2835

       On page 110, between lines 2 and 3, insert the following 
     new section:

     SEC.  . PLAN FOR CONSOLIDATION OF FUNCTIONS OF THE 
                   INDEPENDENT FOREIGN AFFAIRS AGENCIES.

       (a) Withholding of Funds.--Of the funds appropriated or 
     otherwise made available in this title--
       (1) $36,327,600 for ``SALARIES AND EXPENSES'' of the 
     Department of State,
       (2) $44,564,500 for ``SALARIES AND EXPENSES'' of the United 
     States Information Agency, and
       (3) $4,000,000 for ``SALARIES AND EXPENSES'' of the United 
     States Arms Control and Disarmament Agency, shall be 
     available only after--
       (A) a plan that merges and consolidates the functions and 
     activities of the Agency for International Development, the 
     United States Information Agency, and the United States Arms 
     Control and Disarmament Agency into the Department of State 
     or other appropriate agencies has been submitted to Congress 
     in accordance with subsection (c), and

[[Page S 14756]]

       (B) the Congress has not enacted a joint resolution 
     disapproving the plan in accordance with subsection (d).
       (b) Restriction on Salaries and Expenses.--None of the 
     funds appropriated or otherwise made available in this title 
     may be expended to finance salaries and expenses for the 
     Agency for International Development, the United States 
     Information Agency, and the United States Arms Control and 
     Disarmament Agency except in accordance with the terms and 
     requirements of sections 402 and sections 605 of this Act.
       (c) Additional Requirements.--A plan described in 
     subsection (a) is a plan--
       (1) which is submitted by the President to the Committees 
     on Appropriations and Foreign Relations of the Senate and the 
     Committees on Appropriations and International Relations of 
     the House of Representatives within 60 days of the date of 
     enactment of this Act; and
       (2) which contains a certification and accounting by the 
     Director of the Office of Management and Budget that the 
     Director estimates the plan will provide for a savings in 
     budgetary authority in the major budget functional category 
     150 (relating to international affairs) $2,700,000,000 during 
     the period beginning October 1, 1995 and ending September 30, 
     1999.
       (d) Consideration of Plans.--Any such plan submitted under 
     subsection (c)(1) shall be considered under the procedures of 
     subsections (c), (d), (e), (f), and (g) of section 2908 of 
     Public Law 101-510, except that--
       (1) any reference therein to a resolution shall apply to a 
     joint resolution introduced into a House of Congress by the 
     Majority Leader of that House proposing the plan;
       (2) the 20-day period referred to in section 2908(c) shall 
     commence on the date the joint resolution is introduced;
       (3) one germane floor amendment shall be in order, and 
     debate thereon limited to one hour, equally divided in the 
     usual form;
       (4) section 2908(e) shall apply only if the text of the 
     joint resolutions of each House are identical;
       (5) if they are not identical, debate on any motion to 
     resolve differences between the Houses and any conference 
     report on such joint resolution shall be limited to one hour; 
     and
       (6) debate on any veto message on such joint resolution 
     shall be limited to one hour.
                                                                    ____


                           Amendment No. 2836

       On page 95, after line 7, before the period at the end of 
     the line insert the following provisos: ``: Provided further, 
     That of the funds appropriated or otherwise made available in 
     this paragraph, $36,327,600 shall be available only after a 
     plan that merges and consolidates the functions and 
     activities of the Agency for International Development, the 
     United States Information Agency, and the United States Arms 
     Control and Disarmament Agency into the Department of State 
     or other appropriate agencies has been submitted to Congress, 
     and not disapproved by statutory enactment, in accordance 
     with this paragraph: Provided further, That none of the funds 
     appropriated under this title may be expended to finance 
     salaries and expenses for the Agency for International 
     Development, the United States Information Agency, and the 
     United States Arms Control and Disarmament Agency except in 
     accordance with the terms and requirements of sections 402 
     and sections 605 of this Act: Provided further, That such a 
     plan shall be submitted to the Committees on Appropriations 
     and on Foreign Relations of the Senate and the Committees on 
     Appropriations and International Relations of the House of 
     Representatives: Provided further, That the President shall 
     submit such plan within 60 days of the date of enactment of 
     this Act: Provided further, That the President's plan shall 
     provide for a budgetary savings in the major budget 
     functional category 150 (relating to international affairs) 
     $2,700,000,000 during the period beginning October 1, 1995 
     and ending September 30, 1999. Provided further, That these 
     savings shall be accounted for and certified by the Director 
     of the Office of the Management and Budget at the time the 
     plan is submitted: Provided further, That any such plan 
     submitted under this paragraph shall be considered under the 
     procedures of subsections (c), (d), (e), (f), and (g) of 
     section 2908 of Public Law 101-510, except for the following 
     conditions: That any reference therein to a resolution shall 
     apply to the joint resolution introduced by the Majority 
     Leaders of each House proposing the plan; the 20-day period 
     referred to in section 2908(c) shall commence on the date the 
     joint resolution is introduced; one germane floor amendment 
     shall be in order, and debate thereon limited to one hour, 
     equally divided in the usual form; section 2908(e) shall 
     apply only if the text of the joint resolutions of each House 
     are identical; if they are not identical, debate on any 
     motion to resolve differences between the Houses and any 
     conference report on such joint resolution shall be limited 
     to one hour; and debate on any veto message on such joint 
     resolution shall be limited to one hour''.
                                                                    ____


                           Amendment No. 2837

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

     SEC.   . EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE 
                   CONFISCATED PROPERTY CLAIMED BY NATIONALS OF 
                   THE UNITED STATES.

       (a) Limitation.--(1) Subject to subsection (b), none of the 
     funds appropriated or otherwise made available by this Act or 
     any other Act for any fiscal year shall be made available for 
     the issuance of a visa to, or the admission to the United 
     States of, any alien who has confiscated, or has directed or 
     overseen the confiscation of, property the claim to which is 
     owned by a national of the United States, or converts or has 
     converted for personal gain confiscated property the claim to 
     which is owned by a national of the United States.
       (2) Nothing in this subsection may be construed or applied 
     as inconsistent with the North American Free Trade Agreement, 
     the General Agreement on Tariffs and Trade, or any other 
     applicable international agreement.
       (b) Exceptions.--Subsection (a) shall not apply to claims 
     arising from territory in dispute as a result of war between 
     United Nations member states in which the ultimate resolution 
     of the disputed territory has not been resolved.
       (c) Report Requirement.--(1) The United States Embassy in 
     each country shall provide the Secretary of State with a list 
     of foreign nationals in that country who have confiscated 
     properties of United States citizens and have not fully 
     resolved the cases with the United States citizens.
       (2) No later than six months after the date of the 
     enactment of this Act, the Secretary of State shall submit 
     each list provided under paragraph (1) to the appropriate 
     congressional committees.
       (3) Not later than one year after the date of the enactment 
     of this Act, and not later than February 1 of each year 
     thereafter, the Secretary of State shall submit to the 
     appropriate congressional committees a list of foreign 
     nationals denied visas, and the Attorney General shall submit 
     to the appropriate congressional committees a list of foreign 
     nationals refused entry to the United States, as a result of 
     this section.
                                 ______


                 HATCH (AND OTHERS) AMENDMENT NO. 2838

  Mr. HATCH (for himself, Mr. Dole, Mr. Reid, Mr. Thurmond, Mr. 
Specter, Mr. Kyl, Mr. Abraham, Mrs. Hutchison, Mr. Gramm, Mr. Santorum, 
Mr. Grassley, Mr. Brown, Mr. D'Amato, Mr. McConnell, and Mr. Helms) 
proposed an amendment to the bill H.R. 2076, supra, as follows:

       At the appropriate place, insert the following new title:
                  TITLE VIII--PRISON LITIGATION REFORM

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Prison Litigation Reform 
     Act of 1995''.

     SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

       (a) In General.--Section 3626 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 3626. Appropriate remedies with respect to prison 
       conditions

       ``(a) Requirements for Relief.--
       ``(1) Prospective relief.--(A) Prospective relief in any 
     civil action with respect to prison conditions shall extend 
     no further than necessary to correct the violation of the 
     Federal right of a particular plaintiff or plaintiffs. The 
     court shall not grant or approve any prospective relief 
     unless the court finds that such relief is narrowly drawn, 
     extends no further than necessary to correct the violation of 
     the Federal right, and is the least intrusive means necessary 
     to correct the violation of the Federal right. The court 
     shall give substantial weight to any adverse impact on public 
     safety or the operation of a criminal justice system caused 
     by the relief.
       ``(B) Nothing in this section shall be construed to 
     authorize the courts, in exercising their remedial powers, to 
     order the construction of prisons or the raising of taxes, or 
     to repeal or detract from otherwise applicable limitations on 
     the remedial powers of the courts.
       ``(2) Preliminary injunctive relief.--In any civil action 
     with respect to prison conditions, to the extent otherwise 
     authorized by law, the court may enter a temporary 
     restraining order or an order for preliminary injunctive 
     relief. Preliminary injunctive relief must be narrowly drawn, 
     extend no further than necessary to correct the harm the 
     court finds requires preliminary relief, and be the least 
     intrusive means necessary to correct that harm. Preliminary 
     injunctive relief shall automatically expire on the date that 
     is 90 days after its entry, unless the court makes the 
     findings required under subsection (a)(1) for the entry of 
     prospective relief and makes the order final before the 
     expiration of the 90-day period.
       ``(3) Prisoner release order.--(A) In any civil action with 
     respect to prison conditions, no prisoner release order shall 
     be entered unless--
       ``(i) a court has previously entered an order for less 
     intrusive relief that has failed to remedy the deprivation of 
     the Federal right sought to be remedied through the prisoner 
     release order; and
       ``(ii) the defendant has had a reasonable amount of time to 
     comply with the previous court orders.
       ``(B) In any civil action in Federal court with respect to 
     prison conditions, a prisoner release order shall be entered 
     only by a three-judge court in accordance with section 2284 
     of title 28, if the requirements of subparagraph (E) have 
     been met.
       ``(C) A party seeking a prisoner release order in Federal 
     court shall file with any request for such relief, a request 
     for a three-

[[Page S 14757]]
     judge court and materials sufficient to demonstrate that the 
     requirements of subparagraph (A) have been met.
       ``(D) If the requirements under subparagraph (A) have been 
     met, a Federal judge before whom a civil action with respect 
     to prison conditions is pending who believes that a prison 
     release order should be considered may sua sponte request the 
     convening of a three-judge court to determine whether a 
     prisoner release order should be entered.
       ``(E) The court shall enter a prisoner release order only 
     if the court finds--
       ``(i) by clear and convincing evidence--
       ``(I) that crowding is the primary cause of the violation 
     of a Federal right; and
       ``(II) that no other relief will remedy the violation of 
     the Federal right; and
       ``(ii) by a preponderance of the evidence--
       ``(I) that crowding has deprived a particular plaintiff or 
     plaintiffs of at least one essential, identifiable human 
     need; and
       ``(II) that prison officials have acted with obduracy and 
     wantonness in depriving the particular plaintiff or 
     plaintiffs of the one essential, identifiable human need 
     caused by the crowding.
       ``(F) Any State or local official or unit of government 
     whose jurisdiction or function includes the prosecution or 
     custody of persons who may be released from, or not admitted 
     to, a prison as a result of a prisoner release order shall 
     have standing to oppose the imposition or continuation in 
     effect of such relief and to seek termination of such relief, 
     and shall have the right to intervene in any proceeding 
     relating to such relief.
       ``(b) Termination of Relief.--
       ``(1) Termination of prospective relief.--(A) In any civil 
     action with respect to prison conditions in which prospective 
     relief is ordered, such relief shall be terminable upon the 
     motion of any party--
       ``(i) 2 years after the date the court granted or approved 
     the prospective relief;
       ``(ii) 1 year after the date the court has entered an order 
     denying termination of prospective relief under this 
     paragraph; or
       ``(iii) in the case of an order issued on or before the 
     date of enactment of the Prison Litigation Reform Act, 2 
     years after such date of enactment.
       ``(B) Nothing in this section shall prevent the parties 
     from agreeing to terminate or modify relief before the relief 
     is terminated under subparagraph (A).
       ``(2) Immediate termination of prospective relief.--In any 
     civil action with respect to prison conditions, a defendant 
     or intervener shall be entitled to the immediate termination 
     of any prospective relief if the relief was approved or 
     granted in the absence of a finding by the court that the 
     relief is narrowly drawn, extends no further than necessary 
     to correct the violation of the Federal right, and is the 
     least intrusive means necessary to correct the violation of 
     the Federal right.
       ``(3) Limitation.--Prospective relief shall not terminate 
     if the court makes written findings based on the record that 
     prospective relief remains necessary to correct a current or 
     ongoing violation of the Federal right, extends no further 
     than necessary to correct the violation of the Federal right, 
     and that the prospective relief is narrowly drawn and the 
     least intrusive means to correct the violation.
       ``(4) Termination or modification of relief.--Nothing in 
     this section shall prevent any party from seeking 
     modification or termination before the relief is terminable 
     under paragraph (1) or (2), to the extent that modification 
     or termination would otherwise be legally permissible.
       ``(c) Settlements.--
       ``(1) Consent decrees.--In any civil action with respect to 
     prison conditions, the court shall not enter or approve a 
     consent decree unless it complies with the limitations on 
     relief set forth in subsection (a).
       ``(2) Private settlement agreements.--(A) Nothing in this 
     section shall preclude parties from entering into a private 
     settlement agreement that does not comply with the 
     limitations on relief set forth in subsection (a), if the 
     terms of that agreement are not subject to court enforcement 
     other than the reinstatement of the civil proceeding that the 
     agreement settled.
       ``(B) Nothing in this section shall preclude any party 
     claiming that a private settlement agreement has been 
     breached from seeking in State court any remedy for breach of 
     contract available under State law.
       ``(d) State Law Remedies.--The limitations on remedies in 
     this section shall not apply to relief entered by a State 
     court based solely upon claims arising under State law.
       ``(e) Procedure for Motions Affecting Prospective Relief.--
       ``(1) Generally.--The court shall promptly rule on any 
     motion to modify or terminate prospective relief in a civil 
     action with respect to prison conditions.
       ``(2) Automatic stay.--Any prospective relief subject to a 
     pending motion shall be automatically stayed during the 
     period--
       ``(A)(i) beginning on the 30th day after such motion is 
     filed, in the case of a motion made under paragraph (1) or 
     (2) of subsection (b); or
       ``(ii) beginning on the 180th day after such motion is 
     filed, in the case of a motion made under subsection (b)(4); 
     and
       ``(B) ending on the date the court enters a final order 
     ruling on the motion.
       ``(f) Special Masters.--
       ``(1) In general.--(A) In any civil action in a Federal 
     court with respect to prison conditions, the court may 
     appoint a disinterested and objective special master, who 
     will give due regard to the public safety, to conduct 
     hearings on the record and prepare proposed findings of fact.
       ``(B) The court shall appoint a special master under this 
     subsection during the remedial phase of the action only upon 
     a finding that the remedial phase will be sufficiently 
     complex to warrant the appointment.
       ``(2) Appointment.--(A) If the court determines that the 
     appointment of a special master is necessary, the court shall 
     request that the defendant institution and the plaintiff each 
     submit a list of not more than 5 persons to serve as a 
     special master.
       ``(B) Each party shall have the opportunity to remove up to 
     3 persons from the opposing party's list.
       ``(C) The court shall select the master from the persons 
     remaining on the list after the operation of subparagraph 
     (B).
       ``(3) Interlocutory appeal.--Any party shall have the right 
     to an interlocutory appeal of the judge's selection of the 
     special master under this subsection, on the ground of 
     partiality.
       ``(4) Compensation.--The compensation to be allowed to a 
     special master under this section shall be based on an hourly 
     rate not greater than the hourly rate established under 
     section 3006A for payment of court-appointed counsel, plus 
     costs reasonably incurred by the special master. Such 
     compensation and costs shall be paid with funds appropriated 
     to the Federal Judiciary.
       ``(5) Regular review of appointment.--In anycivil action 
     with respect to prison conditions in which a special master 
     is appointed under this subsection, the court shall review 
     the appointment of the special master every 6 months to 
     determine whether the services of the special master continue 
     to be required under paragraph (1). In no event shall the 
     appointment of a special master extend beyond the termination 
     of the relief.
       ``(6) Limitations on powers and duties.--A special master 
     appointed under this subsection--
       ``(A) shall make any findings based on the record as a 
     whole;
       ``(B) shall not make any findings or communications ex 
     parte; and
       ``(C) may be removed at any time, but shall be relieved of 
     the appointment upon the termination of relief.
       ``(g) Definitions.--As used in this section--
       ``(1) the term `consent decree' means any relief entered by 
     the court that is based in whole or in part upon the consent 
     or acquiescence of the parties but dues not include private 
     settlements;
       ``(2) the term `civil action with respect to prison 
     conditions' means any civil proceeding arising under Federal 
     law with respect to the conditions of confinement or the 
     effects of actions by government officials on the lives of 
     persons confined in prison, but does not include habeas 
     corpus proceedings challenging the fact or duration of 
     confinement in prison;
       ``(3) the term `prisoner' means any person subject to 
     incarceration, detention, or admission to any facility who is 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law or the terms and 
     conditions of parole, probation, pretrial release, or 
     diversionary program;
       ``(4) the term `prisoner release order' includes any order, 
     including a temporary restraining order or preliminary 
     injunctive relief, that has the purpose or effect of reducing 
     or limiting the prison population, or that directs the 
     release from or nonadmission of prisoners to a prison;
       ``(5) the term `prison' means any Federal, State, or local 
     facility that incarcerates or detains juveniles or adults 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law;
       ``(6) the term `private settlement agreement' means an 
     agreement entered into among the parties that is not subject 
     to judicial enforcement other than the reinstatement of the 
     civil proceeding that the agreement settled;
       ``(7) the term `prospective relief' means all relief other 
     than compensatory monetary damages; and
       ``(8) the term `relief' means all relief in any form that 
     may be granted or approved by the court, and includes consent 
     decrees but does not include private settlement 
     agreements.''.
       (b) Application of Amendment.--
       (1) In general.--Section 3626 of title 18, United States 
     Code, as amended by this section, shall apply with respect to 
     all prospective relief whether such relief was originally 
     granted or approved before, on, or after the date of the 
     enactment of this title.
       (2) Technical amendment.--Subsections (b) and (d) of 
     section 20409 of the Violent Crime Control and Law 
     Enforcement Act of 1994 are repealed.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of subchapter C of chapter 229 of title 18, United 
     States Code, is amended to read as follows:

``3626. Appropriate remedies with respect to prison conditions.''.

     SEC. 803. AMENDMENTS TO CIVIL RIGHTS OF INSTITUTIONALIZED 
                   PERSONS ACT.

       (a) Initiation of Civil Actions.--Section 3(c) of the Civil 
     Rights of Institutionalized Persons Act (42 U.S.C. 1997a(c)) 
     (referred to in this section as the ``Act'') is amended to 
     read as follows:
       ``(c) The Attorney General shall personally sign any 
     complaint filed pursuant to this section.''.
       (b) Certification Requirements.--Section 4 of the Act (42 
     U.S.C. 1997b) is amended--

[[Page S 14758]]

       (1) in subsection (a)--
       (A) by striking ``he'' each place it appears and inserting 
     ``the Attorney General''; and
       (B) by striking ``his'' and inserting ``the Attorney 
     General's''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) The Attorney General shall personally sign any 
     certification made pursuant to this section.''.
       (c) Intervention in Actions.--Section 5 of the Act (42 
     U.S.C. 1997c) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``he'' each place it 
     appears and inserting ``the Attorney General''; and
       (B) by amending paragraph (2) to read as follows:
       ``(2) The Attorney General shall personally sign any 
     certification made pursuant to this section.''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) The Attorney General shall personally sign any motion 
     to intervene made pursuant to this section.''.
       (d) Suits by Prisoners.--Section 7 of the Act (42 U.S.C. 
     1997e) is amended to read as follows:

     ``SEC. 7. SUITS BY PRISONERS.

       ``(a) Applicability of Administrative Remedies.--No action 
     shall be brought with respect to prison conditions under 
     section 1979 of the Revised Statutes of the United States (42 
     U.S.C. 1983), or any other law, by a prisoner confined in any 
     jail, prison, or other correctional facility until such 
     administrative remedies as are available are exhausted.
       ``(b) Failure of State To Adopt or Adhere to Administrative 
     Grievance Procedure.--The failure of a State to adopt or 
     adhere to an administrative grievance procedure shall not 
     constitute the basis for an action under section 3 or 5 of 
     this Act.
       ``(c) Dismissal.--(1) The court shall on its own motion or 
     on the motion of a party dismiss any action brought with 
     respect to prison conditions under section 1979 of the 
     Revised Statutes of the United States (42 U.S.C. 1983), or 
     any other law, by a prisoner confined in any jail, prison, or 
     other correctional facility if the court is satisfied that 
     the action is frivolous, malicious, fails to state a claim 
     upon which relief can be granted, or seeks monetary relief 
     from a defendant who is immune from such relief.
       ``(2) In the event that a claim is, on its face, frivolous, 
     malicious, fails to state a claim upon which relief can be 
     granted, or seeks monetary relief from a defendant who is 
     immune from such relief, the court may dismiss the underlying 
     claim without first requiring the exhaustion of 
     administrative remedies.
       ``(d) Attorney's Fees.--(1) In any action brought by a 
     prisoner who is confined to any jail, prison, or other 
     correctional facility, in which attorney's fees are 
     authorized under section 2 of the Revised Statutes of the 
     United States (42 U.S.C. 1988), such fees shall not be 
     awarded, except to the extent that--
       ``(A) the fee was directly and reasonably incurred in 
     proving an actual violation of the plaintiff's rights 
     protected by a statute pursuant to which a fee may be awarded 
     under section 2 of the Revised Statutes; and
       ``(B) the amount of the fee is proportionately related to 
     the court ordered relief for the violation.
       ``(2) Whenever a monetary judgment is awarded in an action 
     described in paragraph (1), a portion of the judgment (not to 
     exceed 25 percent) shall be applied to satisfy the amount of 
     attorney's fees awarded against the defendant. If the award 
     of attorney's fees is greater than 25 percent of the 
     judgment, the excess shall be paid by the defendant.
       ``(3) No award of attorney's fees in an action described in 
     paragraph (1) shall be based on an hourly rate greater than 
     the hourly rate established under section 3006A of title 18, 
     United States Code, for payment of court-appointed counsel.
       ``(4) Nothing in this subsection shall prohibit a prisoner 
     from entering into an agreement to pay an attorney's fee in 
     an amount greater than the amount authorized under this 
     subsection, if the fee is paid by the individual rather than 
     by the defendant pursuant to section 2 of the Revised 
     Statutes of the United States (42 U.S.C. 1988).
       ``(e) Limitation on Recovery.--No Federal civil action may 
     be brought by a prisoner confined in a jail, prison, or other 
     correctional facility, for mental or emotional injury 
     suffered while in custody without a prior showing of physical 
     injury.
       ``(f) Hearings.--To the extent practicable, in any action 
     brought with respect to prison conditions in Federal court 
     pursuant to section 1979 of the Revised Statutes of the 
     United States (42 U.S.C. 1983), or any other law, by a 
     prisoner confined in any jail, prison, or other correctional 
     facility, pretrial proceedings in which the prisoner's 
     participation is required or permitted shall be conducted by 
     telephone or video conference without removing the prisoner 
     from the facility in which the prisoner is confined.
       ``(g) Waiver of Reply.--(1) Any defendant may waive the 
     right to reply to any action brought by a prisoner confined 
     in any jail, prison, or other correctional facility under 
     section 1979 of the Revised Statutes of the United States (42 
     U.S.C. 1983) or any other law. Notwithstanding any other law 
     or rule of procedure, such waiver shall not constitute an 
     admission of the allegations contained in the complaint. No 
     relief shall be granted to the plaintiff unless a reply has 
     been filed.
       ``(2) The court may, in its discretion, require any 
     defendant to reply to a complaint commenced under this 
     section.
       ``(h) Definition.--As used in this section, the term 
     `prisoner' means any person incarcerated or detained in any 
     facility who is accused of, convicted of, sentenced for, or 
     adjudicated delinquent for, violations of criminal law or the 
     terms and conditions of parole, probation, pretrial release, 
     or diversionary program.''.
       (e) Report to Congress.--Section 8 of the Act (42 U.S.C. 
     1997f) is amended by striking ``his report'' and inserting 
     ``the report''.
       (f) Notice to Federal Departments.--Section 10 of the Act 
     (42 U.S.C. 1997h) is amended--
       (1) by striking ``his action'' and inserting ``the 
     action''; and
       (2) by striking ``he is satisfied'' and inserting ``the 
     Attorney General is satisfied''.

     SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

       (a) Filing Fees.--Section 1915 of title 28, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``(a) Any'' and inserting ``(a)(1) Subject 
     to subsection (b), any'';
       (B) by striking ``and costs'';
       (C) by striking ``makes affidavit'' and inserting ``submits 
     an affidavit'';
       (D) by striking ``such costs'' and inserting ``such fees'';
       (E) by striking ``he'' each place it appears and inserting 
     ``the person'';
       (F) by adding immediately after paragraph (1), the 
     following new paragraph:
       ``(2) A prisoner seeking to bring a civil action or appeal 
     a judgment in a civil action or proceeding without prepayment 
     of fees or security therefor, in addition to filing the 
     affidavit filed under paragraph (1), shall submit a certified 
     copy of the trust fund account statement (or institutional 
     equivalent) for the prisoner for the 6-month period 
     immediately preceding the filing of the complaint or notice 
     of appeal, obtained from the appropriate official of each 
     prison at which the prisoner is or was confined.''; and
       (G) by striking ``An appeal'' and inserting ``(3) An 
     appeal'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (f), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b)(1) Notwithstanding subsection (a), if a prisoner 
     brings a civil action or files an appeal in forma pauperis, 
     the prisoner shall be required to pay the full amount of a 
     filing fee. The court shall assess, and when funds exist, 
     collect, as a partial payment of any court fees required by 
     law, an initial partial filing fee of 20 percent of the 
     greater of--
       ``(A) the average monthly deposits to the prisoner's 
     account; or
       ``(B) the average monthly balance in the prisoner's account 
     for the 6-month period immediately preceding the filing of 
     the complaint or notice of appeal.
       ``(2) After payment of the initial partial filing fee, the 
     prisoner shall be required to make monthly payments of 20 
     percent of the preceding month's income credited to the 
     prisoner's account. The agency having custody of the prisoner 
     shall forward payments from the prisoner's account to the 
     clerk of the court each time the amount in the account 
     exceeds $10 until the filing fees are paid.
       ``(3) In no event shall the filing fee collected exceed the 
     amount of fees permitted by statute for the commencement of a 
     civil action or an appeal of a civil action or criminal 
     judgment.
       ``(4) In no event shall a prisoner be prohibited from 
     bringing a civil action or appealing a civil or criminal 
     judgment for the reason that the prisoner has no assets and 
     no means by which to pay the initial partial filing fee.'';
       (4) in subsection (c), as redesignated by paragraph (2), by 
     striking ``subsection (a) of this section'' and inserting 
     ``subsections (a) and (b) and the prepayment of any partial 
     filing fee as may be required under subsection (b)''; and
       (5) by amending subsection (e), as redesignated by 
     paragraph (2), to read as follows:
       ``(e)(1) The court may request an attorney to represent any 
     person unable to afford counsel.
       ``(2) Notwithstanding any filing fee, or any portion 
     thereof, that may have been paid, the court shall dismiss the 
     case at any time if the court determines that--
       ``(A) the allegation of poverty is untrue; or
       ``(B) the action or appeal--
       ``(i) is frivolous or malicious;
       ``(ii) fails to state a claim on which relief may be 
     granted; or
       ``(iii) seeks monetary relief against a defendant who is 
     immune from such relief.''.
       (b) Costs.--Section 1915(f) of title 28, United States Code 
     (as redesignated by subsection (a)(2)), is amended--
       (1) by striking ``(f) Judgment'' and inserting ``(f)(1) 
     Judgment'';
       (2) by striking ``cases'' and inserting ``proceedings''; 
     and
       (3) by adding at the end the following new paragraph:
       ``(2)(A) If the judgment against a prisoner includes the 
     payment of costs under this subsection, the prisoner shall be 
     required to pay the full amount of the costs ordered.
       ``(B) The prisoner shall be required to make payments for 
     costs under this subsection in the same manner as is provided 
     for filing fees under subsection (a)(2).
       ``(C) In no event shall the costs collected exceed the 
     amount of the costs ordered by the court.''.

[[Page S 14759]]

       (c) Successive Claims.--Section 1915 of title 28, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(g) In no event shall a prisoner bring a civil action or 
     appeal a judgment in a civil action or proceeding under this 
     section if the prisoner has, on 3 or more prior occasions, 
     while incarcerated or detained in any facility, brought an 
     action or appeal in a court of the United States that was 
     dismissed on the grounds that it is frivolous, malicious, or 
     fails to state a claim upon which relief may be granted, 
     unless the prisoner is under imminent danger of serious 
     physical injury.''.
       (d) Definition.--Section 1915 of title 28, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(h) As used in this section, the term `prisoner' means 
     any person incarcerated or detained in any facility who is 
     accused of, convicted of, sentenced for, or adjudicated 
     delinquent for, violations of criminal law or the terms and 
     conditions of parole, probation, pretrial release, or 
     diversionary program.''.

     SEC. 805. JUDICIAL SCREENING.

       (a) In General.--Chapter 123 of title 28, United States 
     Code, is amended by inserting after section 1915 the 
     following new section:

     ``Sec. 1915A. Screening

       ``(a) Screening.--The court shall review, before docketing, 
     if feasible or, in any event, as soon as practicable after 
     docketing, a complaint in a civil action in which a prisoner 
     seeks redress from a governmental entity or officer or 
     employee of a governmental entity.
       ``(b) Grounds for Dismissal.--On review, the court shall 
     dismiss the complaint, or any portion of the complaint, if 
     the complaint--
       ``(1) is frivolous, malicious, or fails to state a claim 
     upon which relief may be granted; or
       ``(2) seeks monetary relief from a defendant who is immune 
     from such relief.
       ``(c) Definition.--As used in this section, the term 
     `prisoner' means any person incarcerated or detained in any 
     facility who is accused of, convicted of, sentenced for, or 
     adjudicated delinquent for, violations of criminal law or the 
     terms and conditions of parole, probation, pretrial release, 
     or diversionary program.''.
       (b) Technical Amendment.--The analysis for chapter 123 of 
     title 28, United States Code, is amended by inserting after 
     the item relating to section 1915 the following new item:

``1915A. Screening.''.

     SEC. 806. FEDERAL TORT CLAIMS.

       Section 1346(b) of title 28, United States Code, is 
     amended--
       (1) by striking ``(b)'' and inserting ``(b)(1)''; and
       (2) by adding at the end the following:
       ``(2) No person convicted of a felony who is incarcerated 
     while awaiting sentencing or while serving a sentence may 
     bring a civil action against the United States or an agency, 
     officer, or employee of the Government, for mental or 
     emotional injury suffered while in custody without a prior 
     showing of physical injury.''.

     SEC. 807. EARNED RELEASE CREDIT OR GOOD TIME CREDIT 
                   REVOCATION.

       (a) In General.--Chapter 123 of title 28, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 1932. Revocation of earned release credit

       ``In any civil action brought by an adult convicted of a 
     crime and confined in a Federal correctional facility, the 
     court may order the revocation of such earned good time 
     credit under section 3624(b) of title 18, United States Code, 
     that has not yet vested, if, on its own motion or the motion 
     of any party, the court finds that--
       ``(1) the claim was filed for a malicious purpose;
       ``(2) the claim was filed solely to harass the party 
     against which it was filed; or
       ``(3) the claimant testifies falsely or otherwise knowingly 
     presents false evidence or information to the court.''.
       (b) Technical Amendment.--The analysis for chapter 123 of 
     title 28, United States Code, is amended by inserting after 
     the item relating to section 1931 the following:

``1932. Revocation of earned release credit.''.

       (c) Amendment of Section 3624 of Title 18.--Section 3624(b) 
     of title 18, United States Code, is amended--
       (1) in paragraph (1)--
       (A) by striking the first sentence;
       (B) in the second sentence--
       (i) by striking ``A prisoner'' and inserting ``Subject to 
     paragraph (2), a prisoner'';
       (ii) by striking ``for a crime of violence,''; and
       (iii) by striking ``such'';
       (C) in the third sentence, by striking ``If the Bureau'' 
     and inserting ``Subject to paragraph (2), if the Bureau'';
       (D) by striking the fourth sentence and inserting the 
     following: ``In awarding credit under this section, the 
     Bureau shall consider whether the prisoner, during the 
     relevant period, has earned, or is making satisfactory 
     progress toward earning, a high school diploma or an 
     equivalent degree.''; and
       (E) in the sixth sentence, by striking ``Credit for the 
     last'' and inserting ``Subject to paragraph (2), credit for 
     the last''; and
       (2) by amending paragraph (2) to read as follows:
       ``(2) Notwithstanding any other law, credit awarded under 
     this subsection after the date of enactment of the Prison 
     Litigation Reform Act shall vest on the date the prisoner is 
     released from custody.''.
                                 ______


                        HELMS AMENDMENT NO. 2839

  (Ordered to lie on the table.)
  Mr. HELMS submitted an amendment intended to be proposed by him to 
the bill H.R. 2076, supra, as follows:

       In the paragraph under the heading ``arms control and 
     disarmament activities'', strike all after ``$------''  and 
     insert the following: ``: Provided, That none of the funds 
     appropriated or otherwise made available under this heading 
     may be available to carry out any purpose other than--
       ``(1) the abolition of the United States Arms Control and 
     Disarmament Agency on a date which is not later than 90 days 
     after the date of enactment of this Act,
       ``(2) the transfer to the Secretary of State prior to the 
     abolition of the Agency of all functions vested by law in, or 
     exercised by, the Director of the Agency, the Agency itself, 
     or any officer, employee, or component thereof, immediately 
     prior to the date of transfer, and
       ``(3) the transfer to the Secretary of State prior to the 
     abolition of the Agency of all personnel employed in 
     connection with, and the assets, liabilities, contracts, 
     property, records, and unexpended balances of appropriations 
     and other funds employed, used, held, arising from, available 
     to, and to be made available in connection with, functions 
     transferred under paragraph (2).''.
                                 ______


                 BRYAN (AND OTHERS) AMENDMENT NO. 2840

  Mr. BRYAN (for himself, Mr. Burns Mr. Hollings, Mr. McConnell, Mr. 
Inouye, Mr. Akaka, Mr. Graham, Mr. Murkowski, Mr. Reid, Mr. Breaux, Mr. 
Daschle, Mrs. Boxer, Mr. Pressler, and Mr. Thurmond.

       At the appropriate place, insert the following:

                    United States Travel and Tourism

                             Administration


                         salaries and expenses

       For necessary expenses of the United States Travel and 
     Tourism Administration, for implementing the recommendations 
     from the White House Conference on Travel and Tourism and for 
     carrying out the transition of that Administration into a 
     public-private partnership, $12,000,000, to be transferred 
     from the amount for deposit in the Commerce Reorganization 
     Transition Fund (established under section 206(c)(1) of this 
     title) that is made available in the item under the heading 
     ``commerce reorganization transition fund'' under the heading 
     ``General Administration'' under this title, notwithstanding 
     any other provision of law.
                                 ______


                SPECTER (AND OTHERS) AMENDMENT NO. 2841

  Mr. SPECTER (for himself, Mr. Cohen, Mr. Jeffords, Ms. Snowe, and Ms. 
Mikulski) proposed an amendment to the bill H.R. 2076, supra, as 
follows:

       On page 34, strike lines 1 through 7.
                                 ______


                 GREGG (AND OTHERS) AMENDMENT NO. 2842

  Mr. GREGG (for himself, Mr. Lieberman, Mr. Domenici, Mr. D'Amato, and 
Mr. Hollings) proposed an amendment to the bill H.R. 2076, supra, as 
follows:

       At the appropriate place insert the following:
       It is the sense of the Senate that none of the funds 
     appropriated or otherwise made available pursuant to this act 
     should be used for the deployment of combat-equipped forces 
     of the Armed Forces of the United States for any ground 
     operations in Bosnia and Herzegovina unless--
       (1) Congress approves in advance the deployment of such 
     forces of the Armed Forces; or
       (2) the temporary deployment of such forces of the Armed 
     Forces of the United States into Bosnia and Herzegovina is 
     necessary to evacuate United Nations peacekeeping forces from 
     a situation of imminent danger, to undertake emergency air 
     rescue operations, or to provide for the airborne delivery of 
     humanitarian supplies, and the President reports as soon as 
     practicable to Congress after the initiation of the temporary 
     deployment, but in no case later than 48 hours after the 
     initiation of the deployment.
                                 ______


                  KOHL (AND OTHERS) AMENDMENT NO. 2843

  Mr. KOHL (for himself, Mr. Cohen, and Mr. Kerry) proposed an 
amendment to the bill H.R. 2076, supra, as follows:

       On page 15, line 16, strike ``$282,500,000'' and insert 
     ``$202,500,000''.
       On page 15, line 23, strike ``$168,280,000'' and insert 
     ``$88,280,000''.
       On page 25, line 19, strike ``$100,900,000'' and insert 
     ``$130,900,000''.
       On page 25, line 22, insert ``$30,000,000 shall be for the 
     Local Crime Prevention Block Grant Program, as authorized by 
     section 30201 of the Violent Crime Control and Law 
     Enforcement Act of 1994;'' before ``$4,250,000''.
       On page 27, line 5, strike ``$50,000,000'' and insert 
     ``$30,000,000''.

[[Page S 14760]]

       On page 27, between lines 17 and 18, insert the following:
       ``To carry out chapter A of subpart 2 of part E of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968, 
     for discretionary grants under the Edward Byrne Memorial 
     State and Local Law Enforcement Assistance Programs, 
     $50,000,000, which shall be derived from the Violent Crime 
     Reduction Trust Fund.
       On page 30, line 20, strike ``$23,500,000'' and insert 
     ``$43,500,000''.
       On page 30, line 20, strike ``$13,500,000'' and insert 
     ``$43,500,000''.
       On page 30, lines 23 through 25, strike ``and $10,000,000 
     shall be derived from discretionary grants provided under 
     part C of title II of the Juvenile Justice and Delinquency 
     Prevention Act'' and insert ``funded by the Violent Crime 
     Reduction Trust Fund''.
       On page 31, line 26, strike ``$144,000,000'' and insert 
     ``$164,000,000''.
       On page 32, line 5, strike ``$10,000,000'' and insert 
     ``$30,000,000''.
       On page 32, line 8, strike ``gangs;'' and insert ``gangs, 
     of which $20,000,000 shall be derived from the discretionary 
     grants provided under the Edward Byrne Memorial State and 
     Local Law Enforcement Assistance Programs funded by the 
     Violent Crime Reduction Trust Fund;''
       On page 64, between lines 22 and 23, insert the following 
     new section:

     SEC. 121. EVALUATION OF CRIME PREVENTION PROGRAMS AND 
                   DEVELOPMENT OF NATIONAL CRIME PREVENTION 
                   RESEARCH AND EVALUATION STRATEGY

       (a) Evaluation of Crime Prevention Programs.--The Attorney 
     General shall provide, directly or through grants and 
     contracts, for the comprehensive and thorough evaluation of 
     the effectiveness of the following programs funded by this 
     title:
       (1) The Local Crime Prevention Block Grant program under 
     subtitle B of title III of the Violent Crime Control and Law 
     Enforcement Act of 1994.
       (2) The Weed and Seed Program.
       (3) The Youth Gangs Program under part D of title II of the 
     Juvenile Justice and Delinquency Prevention Act of 1974.
       (b) National Crime Prevention Research and Evaluation 
     Strategy.--
       (1) Strategy.--Not later than 9 months after the date of 
     enactment of this Act, the Attorney General shall formulate 
     and publish a unified national crime prevention research and 
     evaluation strategy that will result in timely reports to 
     Congress and to State and local governments regarding the 
     impact and effectiveness of the crime and violence prevention 
     initiatives described in subsection (a).
       (2) Studies.--Consistent with the strategy developed 
     pursuant to paragraph (1), the Attorney General may use crime 
     prevention research and evaluation funds reserved under 
     subsection (e) to conduct studies and demonstrations 
     regarding the effectiveness of crime prevention programs and 
     strategies that are designed to achieve the same purposes as 
     the programs under this section, without regard to whether 
     such programs receive Federal funding.
       (c) Evaluation and Research Criteria.--
       (1) Independent evaluations and research.--Evaluations and 
     research studies conducted pursuant to this section shall be 
     independent in nature, and shall employ rigorous and 
     scientifically recognized standards and methodologies.
       (2) Content of evaluations.--Evaluations conducted pursuant 
     to this section shall include measures of--
       (A) reductions in delinquency, juvenile crime, youth gang 
     activity, youth substance abuse, and other high risk-factors;
       (B) reductions in risk factors in young people that 
     contribute to juvenile violence, including academic failure, 
     excessive school absenteeism, and dropping out of school;
       (C) reductions in risk factors in the community, schools, 
     and family environments that contribute to juvenile violence; 
     and
       (D) the increase in the protective factors that reduce the 
     likelihood of delinquency and criminal behavior.
       (d) Compliance With Evaluation Mandate.--The Attorney 
     General may require the recipients of Federal assistance 
     under this Act to collect, maintain, and report information 
     considered to be relevant to any evaluation conducted 
     pursuant to subsection (a), and to conduct and participate in 
     specified evaluation and assessment activities and functions.
       (e) Reservation of Funds for Evaluation and Research
       (1) In general.--The Attorney General shall reserve not 
     less than 2 percent, and not more than 3 percent, of the 
     amounts appropriated to carry out the programs described in 
     subsection (a) in each fiscal year to carry out the 
     evaluation and research required by this section.
       (2) Assistance to grantees and evaluated programs.--To 
     facilitate the conduct and defray the costs of crime 
     prevention program evaluation and research, the Attorney 
     General shall use funds reserved under this subsection to 
     provide compliance assistance to--
       (A) grantees under this programs described in subsection 
     (a) who are selected to participate in evaluations pursuant 
     to subsection (d); and
       (B) other agencies and organizations that are requested to 
     participate in evaluations and research pursuant to 
     subsection (b)(2).

                                 ______


                 GRASSLEY (AND KYL) AMENDMENT NO. 2844

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

       On page 92, insert between lines 13 and 14 the following 
     new sections:
       Sec. 305. (a) Notwithstanding any other provision of law, 
     none of the funds made available under this title shall be 
     used for any conference or meeting authorized under section 
     333 of title 28, United States Code, if such conference or 
     meeting takes place at a location outside the geographic 
     boundaries of the circuit court of appeals over which the 
     chief judge presides, except in the case of the Court of 
     Appeals for the District of Columbia Circuit, which shall be 
     permitted to host conferences or meetings within a 50 mile 
     radius of the District of Columbia without regard to the 
     geographic boundaries of the circuit.
       (b) Of the funds appropriated under this title, no circuit 
     shall receive more than $100,000 for conferences convened 
     under section 333 of title 28, United States Code, during any 
     year.
       Sec. 306. (a) Section 333 of title 28, United States Code, 
     is amended--
       (1) in the first paragraph, by striking ``shall'' the 
     first, second, and fourth place it appears and inserting 
     ``may''; and
       (2) in the second paragraph--
       (A) by striking ``shall'' the first place it appears and 
     inserting ``may''; and
       (B) by striking ``, and unless excused by the chief judge, 
     shall remain throughout the conference''.
       (b) In the interest of saving taxpayer dollars and reducing 
     the cost of Government, it is the sense of the Senate that 
     the chief judges of the various United States circuit courts 
     should use new communications technologies to conduct 
     judicial conferences.
       (c) This section shall apply only to contracts entered into 
     after the date of enactment of this Act.
                                 ______


                BUMPERS (AND OTHERS) AMENDMENT NO. 2845

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

       At page 116, strike lines 3 through 7.
                                 ______


   THE ACCELERATED CLEANUP AND ENVIRONMENTAL RESTORATION ACT OF 1995

                                 ______


                 SMITH (AND OTHERS) AMENDMENT NO. 2846

  (Ordered referred to the Committee on Environment and Public Works.)
  Mr. SMITH (for himself, Mr. Chafee, Mr. Inhofe, Mr. Kempthorne, Mr. 
Faircloth, Mr. Bond Mr. Thomas, Mr. McConnell, Mr. Warner, Mr. Lott, 
and Mr. Gregg) submitted an amendment intended to be proposed by them 
to the bill (S. 1285) to reauthorize and amend the Comprehensive 
Environmental Recovery, Compensation, and Liability Act of 1980, and 
for other purposes, as follows:

       At the end of title IX, add the following:
      Subtitle B--Amendments to the Internal Revenue Code of 1986

     SEC. 911. 5-YEAR EXTENSION OF HAZARDOUS SUBSTANCE SUPERFUND.

       (a) Extension of Taxes.--
       (1) The following provisions of the Internal Revenue Code 
     of 1986 are each amended by striking ``January 1, 1996'' each 
     place it appears and inserting ``January 1, 2001'':
       (A) Section 59A(e)(1) (relating to application of 
     environmental tax).
       (B) Paragraphs (1) and (3) of section 4611(e) (relating to 
     application of Hazardous Substance Superfund financing rate).
       (2) Paragraph (2) of section 4611(e) of such Code is 
     amended--
       (A) by striking ``1993'' and inserting ``1998'';
       (B) by striking ``1994'' each place it appears and 
     inserting ``1999''; and
       (C) by striking ``1995'' each place it appears and 
     inserting ``2000''.
       (b) Increase in Aggregate Tax Which May Be Collected.--
     Paragraph (3) of section 4611(e) of such Code is amended by 
     striking ``$11,970,000,000'' each place it appears and 
     inserting ``$22,000,000,000'' and by striking ``December 31, 
     1995'' and inserting ``December 31, 2000''.
       (c) Extension of Repayment Deadline for Superfund 
     Borrowing.--Subparagraph (B) of section 9507(d)(3) of such 
     Code is amended by striking ``December 31, 1995'' and 
     inserting ``December 31, 2000''.
       (d) Extension of Trust Fund Purposes.--Subparagraph (A) of 
     section 9507(c)(1) of such Code is amended--
       (1) by striking clause (i) and inserting the following:
       ``(i) paragraphs (1), (2), (5), (6), (7), and (8) of 
     section 111(a) of CERCLA as in effect on the date of the 
     enactment of the Superfund Act of 1995,''; and
       (2) by striking clause (iii) and inserting the following:
       ``(iii) subsections (m), (n), (q), (r), and (s) of section 
     111 of CERCLA (as so in effect), or''.
       (e) Extension of Authorization of Appropriations to Trust 
     Fund.--Subsection (b) of section 517 of the Superfund Revenue 
     Act of 

[[Page S 14761]]
     1986 (26 U.S.C. 9507 note) is amended by striking ``and'' at the end of 
     paragraph (8), by striking the period at the end of paragraph 
     (9) and inserting a comma, and by adding at the end the 
     following new paragraphs:
       ``(10) 1996, $250,000,000,
       ``(11) 1997, $250,000,000,
       ``(12) 1998, $250,000,000,
       ``(13) 1999, $250,000,000, and
       ``(14) 2000, $250,000,000.''
       (f) Coordination With Other Provisions.--Paragraph (2) of 
     section 9507(e) of the Internal Revenue Code of 1986 is 
     amended by striking ``CERCLA'' and all that follows through 
     ``Acts)'' and inserting ``CERCLA, the Superfund Amendments 
     and Reauthorization Act of 1986, and the Accelerated Cleanup 
     and Environmental Restoration Act of 1995 (or in any 
     amendment made by any of such Acts)''.

     SEC. 912. CREDIT FOR CERTAIN EXPENDITURES FOR ENVIRONMENTAL 
                   RESPONSE ACTIONS.

       (a) Credit Allowed.--Section 38(b) of the Internal Revenue 
     Code of 1986 (defining current year business credit) is 
     amended by striking ``plus'' at the end of paragraph (10), by 
     striking the period at the end of paragraph (11) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(12) the environmental response expenditures credit 
     determined under section 45C.''
       (b) Environmental Response Expenditures Credit.--Subpart D 
     of part IV of subchapter A of chapter 1 of such Code 
     (relating to business related credits) is amended by adding 
     at the end the following new section:

     ``SEC. 45C. ENVIRONMENTAL RESPONSE EXPENDITURES CREDIT.

       ``(a) General Rule.--For purposes of section 38, the 
     environmental response expenditures credit determined under 
     this section for any taxable year is an amount equal to 50 
     percent of the qualified environmental expenditures paid or 
     incurred by the taxpayer during the taxable year.
       ``(b) Qualified Environmental Expenditures.--For purposes 
     of this section--
       ``(1) In general.--The term `qualified environmental 
     expenditures' means expenditures which are--
       ``(A) incurred in connection with environmental response 
     actions at a mandatory allocation facility for pre-December 
     11, 1980 activity, and
       ``(B)(i) described in subparagraph (A), (B), or (D) of 
     section 107(a)(2) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9607(a)(4)), including interest to the extent provided in 
     such section, or
       ``(ii) incurred to comply with an administrative order or 
     judicial injunction under section 106 of such Act (42 U.S.C. 
     9606).
       ``(2) Definitions.--
       ``(A) Mandatory allocation facility.--The term `mandatory 
     allocation facility' has the meaning stated in section 132(a) 
     of such Act.
       ``(B) Pre-december 11, 1980 activity.--The term `pre-
     December 11, 1980 activity' refers to activity prior to 
     December 11, 1980, with respect to a mandatory allocation 
     facility for which an allocation share is determined under 
     section 132(j)(6)(B) of such Act.
       ``(c) Denial of Double Benefit.--No deduction shall be 
     allowed under this chapter for any amount taken into account 
     in determining the credit under this section.''
       (c) Credit Allowed Against 90 Percent of Minimum Tax.--
       (1) In general.--Section 38(c) of such Code (relating to 
     limitation based on amount of tax) is amended by 
     redesignating paragraph (3) as paragraph (4) and by inserting 
     after paragraph (2) the following new paragraph:
       ``(3) Environmental response credits may offset 90 percent 
     of minimum tax.--
       ``(A) In general.--In the case of the environmental 
     response credit--
       ``(i) this section and section 39 shall be applied 
     separately with respect to such credit, and
       ``(ii) for purposes of applying paragraph (1) to such 
     credit--

       ``(I) 10 percent of the tentative minimum tax shall be 
     substituted for the tentative minimum tax under subparagraph 
     (A) thereof, and
       ``(II) the limitation under paragraph (1) (as modified by 
     subclause (I)) shall be reduced by the credit allowed under 
     subsection (a) for the taxable year (other than the 
     environmental response credit).

       ``(B) Environmental response credit.--For purposes of this 
     subsection, the term `environmental response credit' means 
     the portion of the credit under subsection (a) which is 
     attributable to the credit determined under section 45C(a).''
       (2) Conforming amendment.--Subclause (II) of section 
     38(c)(2)(A)(ii) of such Code is amended by inserting ``or the 
     environmental response credit'' after ``employment credit''.
       (d) Deduction Allowed for Unused Credit.--Section 196(c) of 
     such Code (defining qualified business credits) is amended by 
     striking ``and'' at the end of paragraph (6), by striking the 
     period at the end of paragraph (7) and inserting ``, and'', 
     and by adding at the end the following new paragraph:
       ``(8) the environmental response expenditures credit 
     determined under section 45C(a).''
       (e) Conforming Amendment.--The table of sections for 
     subpart D of part IV of subchapter A of chapter 1 of such 
     Code is amended by adding at the end the following new item:

``Sec. 45C. Environmental response expenditures credit.''

       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1995.
                                 ______


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

                                 ______


                 ABRAHAM (AND HATCH) AMENDMENT NO. 2847

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

       At the appropriate place, insert the following new section:

     SEC.    . DISAPPROVAL OF AMENDMENTS RELATING TO LOWERING OF 
                   CRACK SENTENCES AND SENTENCES FOR MONEY 
                   LAUNDERING AND TRANSACTIONS IN PROPERTY DERIVED 
                   FROM UNLAWFUL ACTIVITY.

       In accordance with section 994(p) of title 28, United 
     States Code, amendments numbered 5 and 18 of the ``Amendments 
     to the Sentencing Guidelines, Policy Statements, and Official 
     Commentary'', submitted by the United States Sentencing 
     Commission to Congress on May 1, 1995, are hereby disapproved 
     and shall not take effect.
                                 ______


                BIDEN (AND HOLLINGS) AMENDMENT NO. 2848

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

       On the Committee amendment on page 28, line 8, after 
     ``for'' delete ``State and Local Law Enforcement Assistance 
     Block grants pursuant to Title I of the Violent Crime Control 
     and Law Enforcement Act of 1994 (as amended by Section 114 of 
     this Act);'' and insert ``Public Safety Partnership and 
     Community Policing pursuant to Title I of the Violent Crime 
     Control and Law Enforcement Act of 1994;''.
       On the Committee amendment on page 38, line 3, delete all 
     after SEC. 114.'' through to ``local sources.'' on page 43, 
     line 20.
                                 ______


                      BINGAMAN AMENDMENT NO. 2849

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

                           amendment no. 2849

 (Purpose: To reduce the energy costs of Federal facilities for which 
               funds are made available under this Act.)

       At the appropriate place, insert the following:

     SEC. ____. ENERGY SAVINGS AT FEDERAL FACILITIES.

       (a) Reduction in Facilities Energy Costs.--
       (1) In general.--The head of each agency for which funds 
     are made available under this Act shall--
       (A) take all actions necessary to achieve during fiscal 
     year 1996 a 5 percent reduction, from fiscal year 1995 
     levels, in the energy costs of the facilities used by the 
     agency; or
       (B) enter into a sufficient number of energy savings 
     performance contracts with private sector energy service 
     companies under title VIII of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287 et seq.) to achieve 
     during fiscal year 1996 at least a 5 percent reduction, from 
     fiscal year 1995 levels, in the energy use of the facilities 
     used by the agency.
       (2) Goal.--The activities described in paragraph (1) should 
     be a key component of agency programs that will by the year 
     2000 result in a 20 percent reduction, from fiscal year 1985 
     levels, in the energy use of the facilities used by the 
     agency, as required by section 543 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8253).
       (b) Use of Cost Savings.--An amount equal to the amount of 
     cost savings realized by an agency under subsection (a) shall 
     remain available for obligation through the end of fiscal 
     year 2000, without further authorization or appropriation, as 
     follows:
       (1) Conservation measures.--Fifty percent of the amount 
     shall remain available for the implementation of additional 
     energy conservation measures and for water conservation 
     measures at such facilities used by the agency as are 
     designated by the head of the agency.
       (2) Other purposes.--Fifty percent of the amount shall 
     remain available for use by the agency for such purposes as 
     are designated by the head of the agency, consistent with 
     applicable law.
       (c) Reports.--
       (1) By agency heads.--The head of each agency for which 
     funds are made available under this Act shall include in each 
     report of the agency to the Secretary of Energy under section 
     548(a) of the National Energy Conservation Policy Act (42 
     U.S.C. 8258(a)) a description of the results of the 
     activities carried out under subsection (a) and 
     recommendations concerning how to further reduce energy costs 
     and energy consumption in the future.
       (2) By secretary of energy.--The reports required under 
     paragraph (1) shall be included in the annual reports 
     required to be 

[[Page S 14762]]
     submitted to Congress by the Secretary of Energy under section 548(b) 
     of the Act (42 U.S.C. 8258(b)).
       (3) Contents.--With respect to the period since the date of 
     the preceding report, a report under paragraph (1) or (2) 
     shall--
       (A) specify the total energy costs of the facilities used 
     by the agency;
       (B) identify the reductions achieved;
       (C) specify the actions that resulted in the reductions;
       (D) with respect to the procurement procedures of the 
     agency, specify what actions have been taken to--
       (i) implement the procurement authorities provided by 
     subsections (a) and (c) of section 546 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8256); and
       (ii) incorporate directly, or by reference, the 
     requirements of the regulations issued by the Secretary of 
     Energy under title VIII of the Act (42 U.S.C. 8287 et seq.); 
     and
       (E) specify--
       (i) the actions taken by the agency to achieve the goal 
     specified in subsection (a)(2);
       (ii) the procurement procedures and methods used by the 
     agency under section 546(a)(2) of the Act (42 U.S.C. 
     8256(a)(2)); and
       (iii) the number of energy savings performance contracts 
     entered into by the agency under title VIII of the Act (42 
     U.S.C. 8287 et seq.).
                                 ______


                      BINGAMAN AMENDMENT NO. 2850

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

       On page 93, between lines 9 and 10, insert the following:
       And also provided, That by May 31, 1996, the State 
     Department will report to the President and to Congress on 
     potential cost savings generated by extending foreign service 
     officer tours of duty in nations for which the State 
     Department requires two-year language study programs, but 
     specifically including China, Korea, and Japan. This study 
     should consider extending terms on the following basis: 
     junior officers from the current two year maximum term to a 
     three-year tour; and mid to senior foreign service officers 
     from the current three year minimum term to four year minimum 
     with a possible employee-initiated one year extension.
                                 ______


                 BOXER (AND OTHERS) AMENDMENT NO. 2851

  Mr. GRAMM (for Mrs. Boxer for herself, Mr. Campbell, and Mr. D'Amato) 
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.   . REPORT ON THE DOPPLER WEATHER SURVEILLANCE RADAR.

       (a) Study Required--The Secretary of Commerce shall conduct 
     a study on the Doppler weather surveillance radar (WSR-88D). 
     The study shall include the following elements:
       (1) An analysis of the property value lost by property 
     owners within 5 miles of the weather surveillance radar as a 
     result of the construction of the weather surveillance radar.
       (2) A statement of the cost of relocating a weather 
     surveillance radar to another location in any case in which 
     the Dept. has been asked to investigate such a relocation.
       (b) Report--The Secretary shall submit to Congress a report 
     on the study required under section (a) not later than 90 
     days after the date of enactment of this Act.
                                 ______


                 BROWN (AND OTHERS) AMENDMENT NO. 2852

  Mr. GRAMM (for Mr. Brown, Mr. Kennedy, and Mr. Kerrey) proposed an 
amendment to the bill H.R. 2076, supra, as follows:

       At the appropriate place in the bill, add the following new 
     section--

     ``SEC.   . SENSE OF THE SENATE CONCERNING BOOK DONATIONS.

       It is the Sense of the Senate that the United States should 
     continue to provide logistic and warehouse support for non-
     governmental, non-profit organizations undertaking donated 
     book programs abroad, including those organizations utilizing 
     on-line information technologies to complement the 
     traditional hard cover donation program.''
                                                                    ____


                       COCHRAN AMENDMENT NO. 2853

  Mr. GRAMM (for Mr. Cochran) proposed an amendment to the bill H.R. 
2076, surpa, as follows:

       At page 22, add the following at the end of line 9:
       ``Provided further, That no funds appropriated in this Act 
     shall be used to privatize any federal prison facilities 
     located in Forrest City, Arkansas, and Yazoo City, 
     Mississippi.''
                                 ______


                        BURNS AMENDMENT NO. 2854

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

       On page 74, 18, after ``Fund'', strike the period and 
     insert the following: ``, and of which $1,200,000 shall be 
     available for continuation of the program to integrate energy 
     efficient building technology with the use of structural 
     materials made from underutilized or waste products.''
                                 ______


                  COHEN (AND SNOWE) AMENDMENT NO. 2855

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

       Page 117, line 5 is amended by inserting after 
     ``academies'' and before the colon, the following: ``and may 
     be transferred to the Secretary of Interior for use as 
     provided in the National Maritime Heritage Act (P.L. 103-
     451).''
                                 ______


               COVERDELL (AND OTHERS) AMENDMENT NO. 2856

  Mr. GRAMM (for Mr. Coverdell for himself, Mr. Dole, Mr. Nunn, Mr. 
Stevens, and Mr. Inouye) proposed an amendment to the bill H.R. 2076, 
supra, as follows:

       On page 110, between lines 2 and 3, insert the following:

     SEC. 405. FUNDS FOR THE TENTH PARALYMPIAD GAMES.

       Of the aggregate amount appropriated under this title for 
     the United States Information Agency under the headings 
     ``salaries and expenses'', ``educational and cultural 
     exchange programs'', and ``international broadcasting 
     operations'', $5,000,000 shall be available only for the 
     Tenth Paralympiad games for individuals with disabilities, 
     scheduled to be held in Atlanta, Georgia, in 1996, consistent 
     with section 242 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 2452 note).
                                 ______


                      COVERDELL AMENDMENT NO. 2857

  Mr. GRAMM (for Mr. Coverdell) 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.   . Notwithstanding any other provision of law, a 
     Federal, State, or local government agency may not use a 
     voter registration card (or other related document) that 
     evidences registration for an election for Federal office, as 
     evidence to prove United States citizenship.
                                 ______


                 DODD (AND HOLLINGS) AMENDMENT NO. 2858

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

       On page 29, line 7, strike ``$750,000,000'' and insert 
     ``$2,000,000 for the Ounce of Prevention Council pursuant to 
     subtitle A of title III of the Violent Crime Control and Law 
     Enforcement Act (Public Law 103-322); $748,000,000''.
       On page 102, line 12, strike ``$5,550,000'' and insert 
     ``$5,800,000''.
       On page 102, line 18, strike ``$14,669,000'' and insert 
     ``$15,119,000''.
       At the appropriate place in title IV, insert the following 
     new section:

     SEC. 4____. GREAT LAKES FISHERY COMMISSION.

       Notwithstanding any other provision of law--
       (1) the Department of State shall continue to carry out its 
     authority, function, duty, and responsibility in the conduct 
     of foreign affairs of the United States in connection with 
     the Great Lakes Fishery Commission in the same manner as that 
     Department has carried out that function, duty, and 
     responsibility since the Convention on Great Lakes Fisheries 
     between the United States and Canada entered into force on 
     October 11, 1955; and
       (2) the authority, function, duty, and responsibility of 
     the Department of State referred to in paragraph (1) shall 
     not be transferred to any other Federal agency or terminated 
     during any fiscal year in which the Convention referred to in 
     paragraph (1) is in force.
                                 ______


                      FEINSTEIN AMENDMENT NO. 2859

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

       On page 28, lines 22 and 23, strike ``by section 501 of the 
     Immigration Reform and Control Act of 1986'' and insert ``by 
     section 242(j) of the Immigration and Nationality Act''.
       On page 64, between lines 22 and 23, insert the following:
       Sec. 121. Notwithstanding any other provision of law, 
     amounts appropriated for fiscal year 1996 under this Act to 
     carry out section 242(j) of the Immigration and Nationality 
     Act shall be allocated by the Attorney General in a manner 
     which ensures that each eligible State and political 
     subdivision of a State shall be reimbursed for their total 
     aggregate costs for the incarceration of undocumented 
     criminal aliens during fiscal years 1995 and 1996 at the same 
     pro rata rate.
                                 ______


                       GORTON AMENDMENT NO. 2860

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

       On page 85, line 14, add the following new section:

[[Page S 14763]]

       Sec. 207. None of the funds appropriated under this Act or 
     any other law shall be used to implement subsections (a), 
     (b), (c), (e), (g), or (i) of section 4 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533), until such time as 
     legislation reauthorizing the Act is enacted or until the end 
     of fiscal year 1996, whichever is earlier, except that monies 
     appropriated under this Act may be used to delist or 
     reclassify species pursuant to subsections 4(a)(2)(B), 
     4(c)(2)(B)(i), and 4(c)(2)(B)(ii) of the Act.
                                 ______


                       GRAHAM AMENDMENT NO. 2861

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

       On page 12, between lines 2 and 3, insert the following:

                      Community Relations Service


                         salaries and expenses

       For necessary expenses of the Community Relations Service, 
     established by title X of the Civil Rights Act of 1964, 
     $10,638,000: Provided, That such additional funds as may be 
     necessary for the resettlement of Cuban and Haitian entrants 
     shall be available to the Community Relations Service, 
     without fiscal year limitation, to be reimbursed from the 
     Immigration Examinations Fee Account: Provided further, That, 
     notwithstanding any other provision of this Act, the funds 
     made available pursuant to this Act under the heading 
     ``Federal Bureau of Investigation, Salaries and Expenses,'' 
     shall be reduced by $11,170,000.
       On page 12, after line 2, insert the following:

                      Community Relations Service


                         salaries and expenses

       For necessary expenses of the Community Relations Service, 
     established by title X of the Civil Rights Act of 1964, 
     $10,638,000: Provided, That such additional funds as may be 
     necessary for the resettlement of Cuban and Haitian entrants 
     shall be available to the Community Relations Service, 
     without fiscal year limitation, to be reimbursed from the 
     Immigration Examinations Fee Account: Provided further, That, 
     notwithstanding any other provision of this Act, the funds 
     made available pursuant to this Act under the heading 
     ``Federal Bureau of Investigation, Salaries and Expenses,'' 
     shall be reduced by $11,170,000.
                                                                    ____


                 GRAHAM (AND OTHERS) AMENDMENT NO. 2862

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

       Page 19, strike line 7 through line 17 and insert the 
     following: Provided further, That the Office of Public 
     Affairs at the Immigration Naturalization Service shall 
     conduct its business in areas only relating to its central 
     mission, including: research, analysis, and dissemination of 
     information, through the media and other communications 
     outlets, relating to the activities of the Immigration 
     Naturalization Service: Provided further, That the Office of 
     Congressional Relations at the Immigration and Naturalization 
     Service conduct business in areas only relating to its 
     central mission, including: providing services to Members of 
     Congress relating to constituent inquiries and requests for 
     information; and working with the relevant Congressional 
     committees on proposed legislation affecting immigration 
     matters.
                                 ______


                 HATCH (AND OTHERS) AMENDMENT NO. 2863

  Mr. GRAMM (for Mr. Hatch for himself, Mr. Moynihan, Mr. Jeffords, Mr. 
Pell, Mr. Harkin, Mr. Sarbanes, Mr. Stevens, and Mr. Campbell) proposed 
an amendment to the bill H.R. 2076, supra, as follows:

       Before the period at the end of the paragraph under the 
     heading ``contributions to international organizations'', 
     insert the following: ``: Provided further, That funds 
     appropriated or otherwise made available under this heading 
     may be available for the International Labor Organization''.
                                 ______


                        HATCH AMENDMENT NO. 2864

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

       At the appropriate place insert:

     SECTION 1. FUNDS TO TRANSPORTATION OF ADMINISTRATOR OF THE 
                   DRUG ENFORCEMENT ADMINISTRATION.

       Section 1344(b)(6) of title 31, United States Code, is 
     amended to read as follows:
       ``(6) the Director of the Central Intelligence Agency, the 
     Director of the Federal Bureau of Investigation, and the 
     Administrator of the Drug Enforcement Administration;''.
                                 ______


                  HELMS (AND PELL) AMENDMENT NO. 2865

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

       At the appropriate place insert:
       Section 36(a)(1) of the State Department Authorities Act of 
     1956, as amended (22 U.S.C. 2708), is amended to delete ``may 
     pay a reward'' and insert in lieu thereof ``shall establish 
     and publicize a program under which rewards may be paid''.
                                 ______


                HOLLINGS (AND OTHERS) AMENDMENT NO. 2866

  Mr. GRAMM (for Mr. Hollings for himself, Mr. Abraham, Mr. Levin, Mr. 
Lugar, Mr. Glenn, Mr. Simon, Mr. Kohl, and Mr. Leahy) proposed an 
amendment to the bill H.R. 2076, supra, as follows:

       On page 76, line 20 strike ``$55,500,000'' and insert in 
     lieu thereof ``$62,000,000''.
                                 ______


                        BURNS AMENDMENT NO. 2867

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

       On page 74, line 18, after ``Fund'', strike the period and 
     insert the following: ``, and of which $1,200,000 shall be 
     available for continuation of the program to integrate energy 
     efficient building technology with the use of structural 
     materials made from underutilized or waste products.''.
                                 ______


                LEAHY (AND JEFFORDS) AMENDMENT NO. 2868

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

       At the appropriate place, insert the following new section:

     SEC.  . TRANSFER OF TITLE TO THE RUTLAND CITY INDUSTRIAL 
                   COMPLEX.

       Notwithstanding any other provision of law (including any 
     regulation and including the Public Works and Economic 
     Development Act of 1965), the transfer of title to the 
     Rutland City Industrial Complex to Hilinex, Vermont (as 
     related to Economic Development Administration Project Number 
     01-11-01742) shall not require compensation to the Federal 
     Government for the fair share of the Federal Government of 
     that real property.
                                 ______


                  MACK (AND GRAMM) AMENDMENT NO. 2869

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

       Nothwithstanding any other provision in this Act, the 
     amount for the East-West Center shall be $18,000,000.
       On page 116 of the bill, on line 1, strike ``$1,000,000'' 
     and insert $4,000,000''.
                                 ______


                 McCAIN (AND DORGAN) AMENDMENT NO. 2870

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

       At the appropriate place, insert the following, ``Provided 
     further, That of the funds made available under this act or 
     any other Act, no funds shall be expended by the Director of 
     the Administrative Office of the U.S. Courts to implement the 
     National Fine Center prior to March 1, 1996, except for the 
     funds necessary to maintain National Fine Center services at 
     their current level, to complete the conversion of existing 
     cases for the courts participating in the National Fine 
     Center as of the date of enactment of this Act, and to 
     complete the Linked Area network pilot projects in progress 
     as of the date of enactment of this Act.''.
                                 ______


                       McCAIN AMENDMENT NO. 2871

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

       On page 121, after line 24, add the following:
       Sec.   . It is the Sense of the Senate that the President 
     of the United States should insist on the full complaince of 
     the Russian Federation with the terms of the Treaty on 
     Conventional Armed Forces in Europe and seek the advice and 
     consent of the Senate for any treaty modifications.
                                 ______


                       SHELBY AMENDMENT NO. 2872

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

       At the appropriate place, insert the following:

     SEC. ____. LAND TRANSFER.

       (a) In General.--The Secretary of Commerce, acting through 
     the Assistant Secretary for Economic Development of the 
     Department of Commerce, shall--
       (1) not later than January 1, 1996, commence the demolition 
     of the structures on, and the cleanup and environmental 
     remediation on, the parcel of land described in subsection 
     (b);
       (2) not later than March 31, 1996, complete the demolition, 
     cleanup, and environmental remediation under paragraph (1); 
     and
       (3) not later than April 1, 1996, convey the parcel of land 
     described in subsection (b), in 

[[Page S 14764]]
     accordance with the requirements of section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)), to the Tuscaloosa County Industrial 
     Development Authority, on receipt of payment of the fair 
     market value for the parcel by the Authority, as agreed on by 
     the Secretary and the Authority.
       (b) Land Parcel.--The parcel of land referred to in 
     subsection (a) is the parcel of land consisting of 
     approximately 41 acres in Holt, Alabama (in Tuscaloosa 
     County), that is generally known as the ``Central Foundry 
     Property'', as depicted on a map, and as described in a legal 
     description, that the Secretary, acting through the Assistant 
     Secretary for Economic Development, determines to be 
     satisfactory.
                                 ______


                 INOUYE (AND OTHERS) AMENDMENT NO. 2873

  Mr. GRAMM (for Mr. Inouye for himself, Mr. Lott, Mr. Breaux, Mr. 
Stevens, Mr. Robb, Mr. Johnston, Ms. Mikulski, and Mr. Cochran) 
proposed an amendment to the bill H.R. 2076, supra, as follows:

       On page 113, line 24, strike ``$330,191,000,'' and insert 
     ``$284,191,000.
       On page 114, line 3, after ``exceed'' insert ``$29,000,000 
     may be used for necessary expenses of Radio Free Europe/Radio 
     Liberty, of which not more than''.
       On page 99, line 26, strike ``$250,000,000,'' and insert 
     ``$225,000,000''.
       On page 116, between lines 12 and 13, insert the following:


                           maritime security

       For necessary expenses of maritime security services 
     authorized by law, $46,000,000, to remain available until 
     expended.
       On page 117, line 5, strike ``academies:'' and insert 
     ``academies and may be transferred to the Secretary of the 
     Interior for use in the National Maritime Heritage Grant 
     Program:''.
       On page 117, strike lines 12 through 24 and insert the 
     following:
       For the cost of guaranteed loans, as authorized by the 
     Merchant Marine Act, 1936, $25,000,000, to remain available 
     until expended: Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $500,000,000.
                                 ______


                      COVERDELL AMENDMENT NO. 2874

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

       On page 110, between lines 2 and 3, insert the following:
       Sec.   . It is the sense of Congress that, in order to 
     facilitate enhanced command and control of Department of 
     Defense counter-drug activities in the Western Hemisphere, 
     the President should designate the commander of one unified 
     combatant command established under chapter 6 of title 10, 
     United States Code, to perform the mission of carrying out 
     all counter-drug operations of the Department of Defense in 
     the areas of the Western Hemisphere that are south of the 
     southern border of the United States, including Mexico,

     and the areas off the coasts of Central America and South 
     America that are within 300 miles of such coasts. But not to 
     include the Caribbean Sea.
                                 ______


                COCHRAN (AND OTHERS) AMENDMENT NO. 2875

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

       On page 76, line 25, insert before the period the 
     following: ``: Provided further, That the National Weather 
     Service shall expend not more than $700,000 to operate and 
     maintain Agricultural Weather Service Centers''.
                                 ______


                JEFFORDS (AND OTHERS) AMENDMENT NO. 2876

  Mr. GRAMM (for Mr. Jeffords for himself, Mr. Levin, Mr. Moynihan, 
Mrs. Murray, Mr. Leahy, Mr. D'Amato, Mr. Glenn, Mr. Rockefeller, Mr. 
Pell, and Mrs. Hutchison) proposed an amendment to the bill H.R. 2076, 
supra, as follows:

       On page 68, line 19, insert ``, $7,500,000 of which shall 
     be for trade adjustment assistance'' after ``$89,000,000''.
                                 ______


                  PRYOR (AND SNOWE) AMENDMENT NO. 2877

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

       At the appropriate place, insert the following new section:

     SEC.   . SENSE OF THE CONGRESS ON ECONOMIC DEVELOPMENT 
                   ADMINISTRATION.

       (a) Findings.--The Congress finds that--
       (1) assistance from the Economic Development Administration 
     (hereafter in this section referred to as the ``EDA'') within 
     the Department of Commerce is an investment in the economic 
     vitality of the United States;
       (2) funding for the EDA within the Department of Commerce 
     is reduced by almost 80 percent in this Act;
       (3) the EDA serves a unique governmental function by 
     providing grants, which are matched by local funds, to 
     distressed urban and rural areas that would not otherwise 
     receive funding;
       (4) every EDA $1 invested generates $3 in outside 
     investments, and during the past 30 years preceding the date 
     of enactment of this Act, the EDA has invested more than 
     $15,600,000,000 in depressed communities, creating 2,800,000 
     jobs in the United States;
       (5) the EDA is one of a very few governmental agencies that 
     assists communities impacted by military base closings and 
     defense downsizing;
       (6) the EDA has--
       (A) become a more efficient and effective agency by 
     reducing regulations by 60 percent;
       (B) trimmed the period for application processing down to a 
     60-day period; and
       (C) reduced its operating expenses; and
       (7) the House of Representatives, on July 26, 1995, voiced 
     strong bipartisan support for the EDA by a vote of 315 to 
     110.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that the appropriation for the EDA for fiscal year 1996 
     should be at the House of Representatives-passed level of 
     $348,500,000.
                                 ______


                 DOLE (AND PRESSLER) AMENDMENT NO. 2878

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

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

     SEC.  . RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST 
                   SERBIA AND MONTENEGRO.

       (a) Restrictions.--Section 1511 of the National Defense 
     Authorization Act for Fiscal Year 1994 (Public Law 103-160) 
     is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Certification.--A certification described in this 
     subsection is a certification by the President to Congress of 
     his determination that:
       ``(1) the elected Government of Kosova is exercising its 
     legitimate right to democratic self-government, and the 
     political autonomy of Kosova, as exercised prior to 1984 
     under the 1974 Constitution of the Socialist Federal Republic 
     of Yugoslavia, has been restored;
       ``(2) systematic violations of the civil and human rights 
     of the people of Kosova, including institutionalized 
     discrimination and structural repression, have ended;
       ``(3) monitors from the Organization for Security and 
     Cooperation in Europe, other human rights monitors, and 
     United States and international relief officials are free to 
     operate in Kosova and Serbia, including the Sandjak and 
     Vojvodina, and enjoy the full cooperation and support of 
     Serbia and local authorities;
       ``(4) full civil and human rights have been restored to 
     ethnic non-Serbs in Serbia, including the Sandjak and 
     Vojvodina;
       ``(5) the Federal Republic of Yugoslavia has halted 
     aggression against the Republic of Bosnia and Herzegovina;
       ``(6) the Federal Republic of Yugoslavia has terminated all 
     forms of support, including manpower, arms, fuel, financial 
     subsidies, and war material, by land or air, for Serbian 
     separatists and their leaders in the Republic of Bosnia and 
     Herzegovina and the Republic of Croatia;
       ``(7) the Federal Republic of Yugoslavia has extended full 
     respect for the territorial integrity and independence of the 
     Republic of Bosnia and Herzegovina, the Republic of Croatia, 
     and the former Yugoslav Republic of Macedonia; and
       ``(8) the Federal Republic of Yugoslavia has cooperated 
     fully with the United Nations war crimes tribunal for the 
     former Yugoslavia, including by surrendering all available 
     and requested evidence and those indicted individuals who are 
     residing in the territory of Serbia and Montenegro.''.
       (b) Foreign Assistance Act Amendment.--Section 307(a) of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)) is 
     amended by inserting ``Serbia and Montenegro,'' after 
     ``Cuba,''.
       (c) Conforming Amendment.--Section 1511(a) of such Act is 
     amended by striking ``subsections (d) and (e)) remain in 
     effect until changed by law'' and inserting ``subsection (d)) 
     remain in effect until the certification requirements of 
     subsection (e) have been met''.
       (d) Sense of the Congress.--It is the sense of the Congress 
     that the conditions specified in section 1511(e) of the 
     National Defense Authorization Act for Fiscal Year 1994, as 
     amended by this section, should also be applied by the United 
     Nations for the termination of sanctions against Serbia and 
     Montenegro.

                          ____________________