[Congressional Record Volume 143, Number 106 (Thursday, July 24, 1997)]
[Senate]
[Pages S8101-S8105]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND 
        RELATED AGENCIES APPROPRIATIONS ACT FOR FISCAL YEAR 1998

                                 ______
                                 

                         BOND AMENDMENT NO. 988

  (Ordered to lie on the table.)
  Mr. BOND submitted an amendment intended to be proposed by him to the 
bill, S. 1022, supra; as follows:

       On page 143, between lines 18 and 19, insert the following:
       Sec. 5   . Notwithstanding any other provision of law, no 
     amount made available to the Small Business Administration 
     under this title may be obligated or expended to carry out 
     section 7(a) of the Small Business Act (15 U.S.C. 637(a)) 
     before the date on which the Committees on Appropriations and 
     the Committees on Small Business of the House of 
     Representatives and the Senate receive, pursuant to section 
     10(e) of the Small Business Act (15 U.S.C. 639(e)), 
     unredacted copies of all documents requested by the Chairman 
     of the Committee on Small Business of the Senate in a letter 
     of May 16, 1997, relating to the program under section 7(a) 
     of the Small Business Act (15 U.S.C. 637(a)).
                                 ______
                                 

                SARBANES (AND OTHERS) AMENDMENT NO. 989

  Mr. SARBANES (for himself, Mr. Moynihan, Mr. Hatch, Mr. Jeffords, Mr. 
Kerry, Mr. Biden, and Mr. Leahy) proposed an amendment to the bill, S. 
1022, supra; as follows:

       On page 124, beginning on line 5, strike all through page 
     125, line 2.
                                 ______
                                 

                   WELLSTONE AMENDMENTS NOS. 990-991

  (Ordered to lie on the table.)
  Mr. WELLSTONE submitted two amendments intended to be proposed by him 
to the bill, S. 1022, supra; as follows:

                           Amendment No. 990

       At the appropriate place in title V of the bill, insert the 
     following:
       Sec. 5  . For fiscal year 1998 and subsequent fiscal years, 
     in determining, under section 1007(a)(2)(B) of the Legal 
     Services Corporation Act (42 U.S.C. 2996f(a)(2)(B)), the 
     eligibility for legal assistance of an individual who is a 
     victim of domestic violence, a recipient described in such 
     section shall calculate the assets and income described in 
     such section as the assets and income of the individual, 
     rather than--
       (1) the assets and income of the spouse of the individual; 
     or
       (2) the joint assets and income of the individual and the 
     spouse.
                                  ____


                           Amendment No. 991

       At the appropriate place in title V of the bill, insert the 
     following:
       Sec. 5  . The Attorney General, in consultation with the 
     Legal Services Corporation, shall--
       (1) conduct a study, with respect to individuals adversely 
     affected due to changes in their Federal benefits resulting 
     from the enactment of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (Public Law 104-193), 
     and the amendments made by that Act, who otherwise would have 
     obtained assistance from the Legal Services Corporation or 
     grantees thereof, but who were unable to obtain such 
     assistance as a result of the enactment of section 504(a)(16) 
     of the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1996 
     (Public Law 104-134; 110 Stat. 1321-55), regarding--
       (A) the estimated number of those individuals; and
       (B) the legal, financial, and personal effects on those 
     individuals, as appropriate, of that inability to obtain 
     assistance from the Legal Services Corporation or grantees 
     thereof; and
       (2) not later than 180 days after the date of enactment of 
     this Act, submit to Congress a report describing the results 
     of the study conducted under paragraph (1).
                                 ______
                                 

                  KERRY (AND OTHERS) AMENDMENT NO. 992

  Mr. KERRY (for himself, Mr. Dodd, Mrs. Murray, Mr. Lautenberg, and 
Mr. Johnson) proposed an amendment to the bill, S. 1022, supra; as 
follows:

       On page 29, line 18, insert ``That of the amount made 
     available for Local Law Enforcement Block Grants under this 
     heading, $47,000,000 shall be for the Community Policing to 
     Combat Domestic Violence Program established pursuant to 
     section 1701(d) of part Q of the Omnibus Crime Control and 
     Safe Streets Act of 1968: Provided further,'' after 
     ``Provided,''.
                                 ______
                                 

                        GRAHAM AMENDMENT NO. 993

  Mr. GRAHAM proposed an amendment to the bill, S. 1022, supra; as 
follows:

       At the appropriate place in title I of the bill, insert the 
     following:
       Sec. 1. Of the amounts made available under this title 
     under the heading ``OFFICE OF JUSTICE PROGRAMS'' under the 
     subheading ``state and local law enforcement assistance'', 
     not more than 90 percent of the amount otherwise to be 
     awarded to an entity under the Local Law Enforcement Block 
     Grant Program shall be made available to that entity, if it 
     is made known to the Federal official having authority to 
     obligate or expend such amounts that the entity employs a 
     public safety officer (as that term is defined in section 
     1204 of title I of the Omnibus Crime Control and Safe Streets 
     Act of 1968) does not provide an employee who is public 
     safety officer and who retires or is separated from service 
     due to injury suffered as the direct and proximate result of 
     a personal injury sustained in the line of duty while 
     responding to an emergency situation or a hot pursuit (as 
     such terms are defined by State law) with the same or better 
     level of health insurance benefits that are otherwise paid by 
     the entity to a public safety officer at the time of 
     retirement or separation.
                                 ______
                                 

                       DOMENICI AMENDMENT NO. 994

  Mr. DOMENICI proposed an amendment to the bill, S. 1022, supra; as 
follows:

       At the appropriate place in title I of the bill, insert the 
     following:

     SEC. 1  . PUBLIC DISCLOSURE OF COURT APPOINTED ATTORNEYS' 
                   FEES.

       Section 3006A(d) of title 18, United States Code, is 
     amended by striking paragraph (40 and inserting the 
     following:
       ``(4) Disclosure of fees.--
       ``(A) In General.--Subject to subparagraphs (B) through 
     (E), the amounts paid under this subsection for services in 
     any case shall be made available to the public by the court 
     upon the court's approval of the payment.
       ``(B) Pre-trial or trial in progress.--If a trial is in 
     pre-trial status or still in progress and after considering 
     the defendant's interests as set forth in subparagraph (D), 
     the court shall--
       ``(i) redact any detailed information on the payment 
     voucher provided by defense counsel to justify the expenses 
     to the court; and
       ``(ii) make public only the amounts approved for payment to 
     defense counsel by diving those amounts into the following 
     categories:
       ``(I) Arraignment and or plea.
       ``(II) Bail and detention hearings.
       ``(III) Motions.
       ``(IV) Hearings.
       ``(V) Interviews and conferences.
       ``(VI) Obtaining and reviewing records.
       ``(VII) Legal research and brief writing.
       ``(VIII) Travel time.
       ``(IX) Investigative work.
       ``(X) Experts.
       ``(XI) Trial and appeals.
       ``(XII) Other.
       ``(C) Trial completed.--
       ``(i) In general.--If a request for payment is not 
     submitted until after the completion

[[Page S8102]]

     of the trial and subject to consideration of the defendant's 
     interests as set forth in subparagraph (D), the court shall 
     make available to the public an unredacted copy of the 
     expense voucher.
       ``(ii) Protection of the rights of the defendant.--If the 
     court determines that defendant's interests as set forth in 
     subparagraph (D) require a limited disclosure, the court 
     shall disclose amounts as provided in subparagraph (B).
       ``(D) Considerations.--The interests referred to in 
     subparagraphs (B) and (C) are
       (i) to protect any person's 5th amendment right against 
     self-incrimination;
       ``(ii) to protect the defendant's 6th amendment rights to 
     effective assistance of counsel;
       ``(iii) the defendant's attorney-client privilege;
       ``(iv) the work product privilege of the defendant's 
     counsel;
       ``(v) the safety of any person and
       ``(vi) any other interest that justice may require.
       ``(E) Notice.--The court shall provide reasonable notice of 
     disclosure to the counsel of the defendant prior to the 
     approval of the payments in order to allow the counsel to 
     request redaction based on the considerations set forth in 
     subparagraph (D). Upon completion of the trial, the court 
     shall release unredacted copies of the vouchers provided by 
     defense counsel to justify the expenses to the court. If 
     there is an appeal, the court shall not release unredacted 
     copies of the vouchers provided by defense counsel to justify 
     the expenses to the court until such time as the appeals 
     process is completed, unless the court determines that none 
     of the defendant's interests set forth in subparagraph (D) 
     will be compromised.''.
                                 ______
                                 

                         KYL AMENDMENT NO. 995

  Mr. GREGG (for Mr. Kyl) proposed an amendment to the bill, S. 1022, 
supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . SPECIAL MASTERS FOR CIVIL ACTIONS CONCERNING PRISON 
                   CONDITIONS.

       Section 3626(f) of title 18, United States Code, is 
     amended--
       (1) by striking the subsection heading and inserting the 
     following:
       ``(f) Special Masters For Civil Actions Concerning Prison 
     Conditions.--''; and
       (2) in paragraph (4)--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) in subparagraph (A), as so designated, by adding at the 
     end the following: ``In no event shall a court require a 
     party to a civil action under this subsection to pay the 
     compensation, expenses, or costs of a special master. 
     Notwithstanding any other provision of law (including section 
     306 of the Act entitled `An Act making appropriations for the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and related agencies for the fiscal year ending September 30, 
     1997,' contained in section 101(a) of title I of division A 
     of the Act entitled `An Act making omnibus consolidated 
     appropriations for the fiscal year ending September 30, 1997, 
     (110 Stat. 3009-201)) and except as provided in subparagraph 
     (B), the requirement under the preceding sentence shall apply 
     to the compensation and payment of expenses or costs of a 
     special master for any action that is commenced, before, on, 
     or after the date of enactment of the Prison Litigation 
     Reform Act of 1995.''; and
       (C) by adding at the end the following:
       ``(B) The payment requirements under subparagraph (A) shall 
     not apply to the payment to a special master who was 
     appointed before the date of enactment of the Prison 
     Litigation Reform Act of 1995 (110 Stat. 1321-165 et seq.) of 
     compensation, expenses, or costs relating to activities of 
     the special master under this subsection that were carried 
     out during the period beginning on the date of enactment of 
     the Prison Litigation Reform Act of 1995 and ending on the 
     date of enactment of this subparagraph.''.
                                 ______
                                 

                      COVERDELL AMENDMENT NO. 996

  Mr. GREGG (for Mr. Coverdell) proposed an amendment to the bill, S. 
1022, supra; as follows:

       At the appropriate place in title I of the bill, insert the 
     following:

     SEC.   . REPORT ON COLLECTING DNA SAMPLES FROM SEX OFFENDERS.

       (a) Definitions.--In this section--
       (1) the terms ``criminal offense against a victim who is a 
     minor'', ``sexually violent offense'', and ``sexually violent 
     predator'' have the meanings given those terms in section 
     170101(a) of the Violent Crime Control and Law Enforcement 
     Act of 1994 (42 U.S.C. 14071(a)));
       (2) the term ``DNA'' means deoxyribonucleic acid; and
       (3) the term ``sex offender'' means an individual who--
       (A) has been convicted in Federal court of--
       (i) a criminal offense against a victim who is a minor; or
       (ii) a sexually violent offense; or
       (B) is a sexually violent predator.
       (b) Report.--From amounts made available to the Department 
     of Justice under this title, not later than 180 days after 
     the date of enactment of this Act, the Attorney General shall 
     submit to Congress a report, which shall include a plan for 
     the implementation of a requirement that, prior to the 
     release (including probation, parole, or any other supervised 
     release) of any sex offender from Federal custody following a 
     conviction for a criminal offense against a victim who is a 
     minor or a sexually violent offense, the sex offender shall 
     provide a DNA sample to the appropriate law enforcement 
     agency for inclusion in a national law enforcement DNA 
     database.
       (c) Plan Requirements.--The plan submitted under subsection 
     (b) shall include recommendations concerning--
       (1) a system for--
       (A) the collection of blood and saliva specimens from any 
     sex offender;
       (B) the analysis of the collected blood and saliva 
     specimens for DNA and other genetic typing analysis; and
       (C) making the DNA and other genetic typing information 
     available for law enforcement purposes only;
       (2) guidelines for coordination with existing Federal and 
     State DNA and genetic typing information databases and for 
     Federal cooperation with State and local law in sharing this 
     information;
       (3) addressing constitutional, privacy, and related 
     concerns in connection with the mandatory submission of DNA 
     samples; and
       (4) procedures and penalties for the prevention of improper 
     disclosure or dissemination of DNA or other genetic typing 
     information.
                                 ______
                                 

                 DORGAN (AND OTHERS) AMENDMENT NO. 997

  Mr. HOLLINGS (for Mr. Dorgan, for himself, Mr. Rockefeller, Mr. 
Hollings, and Mr. Daschle) proposed an amendment to the bill, S. 1022, 
supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . SENSE OF THE SENATE THAT THE FEDERAL GOVERNMENT 
                   SHOULD NOT MANIPULATE UNIVERSAL SERVICE SUPPORT 
                   PAYMENTS TO BALANCE THE FEDERAL BUDGET.

       Whereas the Congress reaffirmed the importance of universal 
     service support for telecommunications services by passing 
     the Telecommunications Act of 1996;
       Whereas the Telecommunications Act of 1996 required the 
     Federal Communications Commission to preserve and advance 
     universal service based on the following principles:
       (A) Quality services should be available at just, 
     reasonable, and affordable rates;
       (B) Access to advanced telecommunications and information 
     services should be provided in all regions of the Nation;
       (C) Consumers in all regions of the Nation, including low-
     income consumers and those in rural, insular, and high cost 
     areas, should have access to telecommunications and 
     information services, including interexchange services and 
     advanced telecommunications and information services, that 
     are reasonably comparable to those services provided in urban 
     areas and that are available at rates that are reasonably 
     comparable to rates charged for similar services;
       (D) All providers of telecommunications services should 
     make an equitable and nondiscriminatory contribution to the 
     preservation and advancement of universal service;
       (E) There should be specific, predictable, and sufficient 
     Federal and State mechanisms to preserve and advance 
     universal service; and
       (F) Elementary and secondary schools and classrooms, health 
     care providers, and libraries should have access to advanced 
     telecommunications services;
       Whereas Federal and state universal contributions are 
     administered by an independent, non-federal entity and are 
     not deposited into the Federal Treasury and therefore not 
     available for Federal appropriations;
       Whereas the Conference Committee on H.R. 2015, the Budget 
     Reconciliation Bill, is considering proposals that would 
     withhold Federal and State universal service funds in the 
     year 2002; and
       Whereas the withholding of billions of dollars of universal 
     service support payments will mean significant rate increases 
     in rural and high cost areas and will deny qualifying 
     schools, libraries, and rural health facilities discounts 
     directed under the Telecommunications Act of 1996:
       Now, therefore, be it
       Resolved, That it is the sense of the Senate that the 
     Conference Committee on HR 2015 should not manipulate, 
     modify, or impair universal service support as a means to 
     achieve a balanced Federal budget or achieve Federal budget 
     savings.
                                 ______
                                 

                        BIDEN AMENDMENT NO. 998

  Mr. HOLLINGS (for Mr. Biden) proposed an amendment to the bill, S. 
1022, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . EXTENSION OF VIOLENT CRIME REDUCTION TRUST FUND.

       Section 310001(b) of the Violent Crime Control and Law 
     Enforcement Act of 1994 (42 U.S.C. 14211(b)) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(7) for fiscal year 2001, $4,355,000,000; and
       ``(8) for fiscal year 2002, $4,455,000,000.''.
       Beginning on the date of enactment of this legislation, the 
     non-defense discretionary spending limits contained in 
     Section 201 of

[[Page S8103]]

     H. Con. Res. (105th Congress) are reduced as follows:
       for fiscal year 2001, $4,355,000,000 in new budget 
     authority and $5,936,000,000 in outlays;
       for fiscal year 2002, $4,455,000,000 in new budget 
     authority and $4,485,000,000 in outlays;
                                 ______
                                 

                  BAUCUS (AND BURNS) AMENDMENT NO. 999

  Mr. HOLLINGS (for Mr. Baucus for himself and Mr. Burns) proposed an 
amendment to the bill, S. 1022, supra; as follows:

       At the appropriate place, insert the following:
       Notwithstanding any other provision of law, the Economic 
     Development Administration is directed to transfer funds 
     obligated and awarded to the Butte-Silver Bow Consolidated 
     Local Government as Project Number 05-01-02822 to the Butte 
     Local Development Corporation Revolving Loan Fund to be 
     administered by the Butte Local Development Corporation, such 
     funds to remain available until expended.
                                 ______
                                 

                      BINGAMAN AMENDMENT NO. 1000

  Mr. HOLLINGS (for Mr. Bingaman) proposed an amendment to the bill, S. 
1022, supra; as follows:

       On page 65, between lines 9 and 10, insert the following:
       Sec. 120. (a) Section 1(d) of the Foreign Agents 
     Registration Act of 1938, as amended (22 U.S.C. 611(d)) is 
     amended by inserting after ``The term `agent of a foreign 
     principal' '' the following: ``(1) includes an entity 
     described in section 170(b)(1)(A)(vi) of the Internal Revenue 
     Code of 1986 that receives, directly or indirectly, from a 
     government of a foreign country (or more than one such 
     government) in any 12-month period contributions in a total 
     amount in excess of $10,000, and that conducts public policy 
     research, education, or information dissemination and that is 
     not included in any other subsection of 170(b)(1)(A), and 
     (2)''.
       Section 3(d) of such Act (22 U.S.C. 613(d)) is amended by 
     inserting ``, other than an entity referred to in section 
     1(d)(1),'' after ``Any person''.
                                 ______
                                 

                       BUMPERS AMENDMENT NO. 1001

  Mr. HOLLINGS (for Mr. Bumpers) proposed an amendment to the bill, S. 
1022, supra; as follows:

       At the appropriate place, insert the following new section:
       Sec.  . The Office of Management and Budget shall designate 
     the Jonesboro-Paragould, AR Metropolitan Statistical Area in 
     lieu of the Jonesboro, AR Metropolitan Statistical Area. The 
     Jonesboro-Paragould, AR Metropolitan Statistical Area shall 
     include both Craighead County, AR and Greene County, AR, in 
     their entirety.
                                 ______
                                 

                  BYRD (AND HATCH) AMENDMENT NO. 1002

  Mr. HOLLINGS (for Mr. Byrd, for himself and Mr. Hatch) proposed an 
amendment to the bill, S. 1022, supra; as follows:

       On page 29 of the bill, on line 18, before the ``:'' insert 
     the following: ``, of which $25,000,000 shall be for grants 
     to states for programs and activities to enforce state laws 
     prohibiting the sale of alcoholic beverages to minors or the 
     purchase or consumption of alcoholic beverages by minors''.
                                 ______
                                 

                       DORGAN AMENDMENT NO. 1003

  Mr. HOLLINGS (for Mr. Dorgan) proposed an amendment to the bill, S. 
1022, supra; as follows:

       On page 86, line 3 after ``Secretary of Commerce.'' insert 
     the following:
       ``Sec. 211. In addition to funds provided elsewhere in this 
     Act for the National Telecommunications and Information 
     Administration Information Infrastruction Grants program, 
     $10,490,000 is available until expended: Provided, That this 
     amount shall be offset proportionately by reductions in 
     appropriations provided for the Department of Commerce in 
     Title II of this Act, provided amounts provided: Provided 
     further, That no reductions shall be made from any 
     appropriations made available in this Act for the National 
     Oceanic and Atmospheric Administration, National Institute of 
     Standards and Technology and National Telecommunications and 
     Information Administration public broadcasting facilities, 
     planning and construction.''
                                 ______
                                 

                       DASCHLE AMENDMENT NO. 1004

  Mr. HOLLINGS (for Mr. Daschle) proposed an amendment to the bill, S. 
1022, supra; as follows:

       On page 29 of the bill, line 2, after ``Center'' insert the 
     following: ``, of which $100,000 shall be available for a 
     grant to Roberts County, South Dakota; and of which $900,000 
     shall be available for a grant to the South Dakota Division 
     of Criminal Investigation for the procurement of equipment 
     for law enforcement telecommunications, emergency 
     communications, and the state forensic laboratory''.
                                 ______
                                 

                       INOUYE AMENDMENT NO. 1005

  Mr. HOLLINGS (for Mr. Inouye) proposed an amendment to the bill, S. 
1022, supra; as follows:

       On page 93, strike the matter between lines 14 and 15 and 
     insert the following:
California, Nevada.'';.................................................

       On page 93, strike the matter between lines 17 and 18 and 
     insert the following:
Alaska, Arizona, Guam, Hawaii, Idaho, Montana, Northern Mariana .......
  Islands, Oregon, Washington.''.

       On page 94, strike lines 14 through 19 and insert the 
     following:
       ``(1) is in California or Nevada is assigned as a circuit 
     judge on the new ninth circuit;
       (2) is in Alaska, Arizona, Guam, Hawaii, Idaho, Montana, 
     Northern Mariana Islands, Oregon or Washington is assigned as 
     a circuit judge on the twelfth circuit; and''.
                                 ______
                                 

                 HARKIN (AND WARNER) AMENDMENT NO. 1006

  Mr. HOLLINGS (for Mr. Harkin, for himself and Mr. Warner) proposed an 
amendment to the bill, S. 1022, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.   . SENSE OF THE SENATE REGARDING THE EXEMPLARY SERVICE 
                   OF JOHN H. R. BERG TO THE UNITED STATES

       Whereas, John H. R. Berg began his service to the United 
     States Government working for the United States Army at the 
     age of fifteen after fleeing Nazi persecution in Germany 
     where his father died in the Auschwitz concentration camp; 
     and,
       Whereas, John H. R. Berg's dedication to the United States 
     Government was further exhibited by his desire to become a 
     United States citizen, a goal that was achieved in 1981, 35 
     years after he began his commendable service to the United 
     States; and,
       Whereas, since 1949, John H. R. Berg has been employed by 
     the United States Embassy in Paris where he is currently the 
     Chief of the Visitor's and Travel Unit. And, this year has 
     supported over 10,700 official visitors, 500 conferences, and 
     over 15,000 official and unofficial reservations; and,
       Whereas, John H. R. Berg's reputation for ``accomplishing 
     the impossible'' through his dedication, efficiency and 
     knowledge has become legend in the Foreign Service; and,
       Whereas, John H. R. Berg has just completed 50 years of 
     outstanding service to the United States Government with the 
     United States Department of State,
       Therefore Be It Resolved, it is the Sense of the Senate 
     that John H. R. Berg deserves the highest praise from the 
     Congress for his steadfast devotion, caring leadership, and 
     lifetime of service to the United States Government.
                                 ______
                                 

                 LEAHY (AND KENNEDY) AMENDMENT NO. 1007

  Mr. HOLLINGS (for Mr. Leahy, for himself and Mr. Kennedy) proposed an 
amendment to the bill, S. 1022, supra; as follows:

       At the appropriate place in the bill, insert the following 
     new section:
       ``The Administrative Office of the United States Courts, in 
     consultation with the Judicial Conference, shall conduct a 
     study of the average costs incurred in defending and 
     presiding over federal capital cases from the initial 
     appearance of the defendant through the final appeal, and 
     shall submit a written report to the Chairman and Ranking 
     Members of the Senate and House Committees on Appropriations 
     and Judiciary on or before July 1, 1998, containing 
     recommendations on measures to contain costs in such cases, 
     with constitutional requirements.
       ``: Provided Further, That the Attorney General, shall 
     review the practices of U.S. Attorneys' Offices and relevant 
     investigating agencies in investigating and prosecuting 
     federal capital cases, including before the initial 
     appearance of the defendant through final appeal, and shall 
     submit a written report to the Chairman and Ranking Members 
     of the Senate and House Committees on the Appropriations and 
     Judiciary on or before July 1, 1998, containing 
     recommendations on measures to contain costs in such cases, 
     consistent with constitutional requirements, and outlining a 
     protocol for the effective, fiscally responsible prosecution 
     of federal capital cases''.
                                 ______
                                 

                  REED (AND OTHERS) AMENDMENT NO. 1008

  Mr. HOLLINGS (for Mr. Reed, for himself, Mr. Hollings, Mr. McCain, 
Mr. Burns, and Mr. Durbin) proposed an amendment to the bill, S. 1022, 
supra; as follows:

       At the appropriate place insert the following:

     SEC.   . SENSE OF THE SENATE WITH RESPECT TO SLAMMING.

       (a) Statement of Purpose.--The purposes of this statement 
     of the sense of the Senate are to--
       (1) protect consumers from the fraudulent transfer of their 
     phone service provider;
       (2) allow the efficient prosecution of phone service 
     providers who defraud consumers; and
       (3) encourage an environment in which consumers can readily 
     select the telephone service provider which best serves them.

[[Page S8104]]

       (b) Findings.--The Congress finds the following:
       (1) As the telecommunications industry has moved toward 
     competition in the long distance market, consumers have 
     increasingly elected to change the company which provides 
     their long-distance phone service. As many as fifty million 
     consumers now change their long distance provider annually.
       (2) The fluid nature of the long distance market has also 
     allowed an increasing number of fraudulent transfers to 
     occur. Such transfers have been termed ``slamming'', which 
     constitutes any practice that changes a consumer's long 
     distance carrier without the consumer's knowledge or consent.
       (3) Slamming is now the largest single consumer complaint 
     received by the Common Carrier Bureau of the Federal 
     Communications Commission. As many as one million consumers 
     are fraudulently transferred annually to a telephone consumer 
     which they have not chosen.
       (4) The increased costs which consumers face as a result of 
     these fraudulent switches threaten to rob consumers of the 
     financial benefits created by a competitive marketplace.
       (5) The Telecommunications Act of 1996 sought to combat 
     this problem by directing that any revenues generated by a 
     fraudulent transfer by payable to the company which the 
     consumer has expressly chosen, not the fraudulent transferor.
       (6) While the Federal Communications Commission has 
     proposed and promulgated regulations on this subject, the 
     Commission has not been able to effectively deter the 
     practice of slamming due to a lack of prosecutorial resources 
     as well as the difficulty of proving that a provider failed 
     to obtain the consent of a consumer prior to acquiring that 
     consumer as a new customer. Commission action to date has not 
     adequately protected consumers.
       (7) The majority of consumers who have been fraudulently 
     denied the services of their chosen phone service vendor do 
     not turn to the Federal Communications Commission for 
     assistance. Indeed, section 258 of the Communications Act of 
     1934 directs that State commissions shall be able to enforce 
     regulations mandating that the consent of a consumer be 
     obtained prior to a switch of service.
       (8) It is essential that Congress provide the consumer, 
     local carriers, law enforcement, and consumer agencies with 
     the ability to efficiently and effectively persecute those 
     companies which slam consumers, thus providing a deterrent to 
     all other firms which provide phone services.
       (c) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) the Federal Communications Commission should, within 12 
     months of the date of enactment of this Act, promulgate 
     regulations, consistent with the Communications Act of 1934 
     which provide law enforcement officials dispositive evidence 
     for use in the prosecution of fraudulent transfers of 
     presubscribed customers of long distance and local service; 
     and
       (2) the Senate should examine the issue of slamming and 
     take appropriate legislative action in the 105th Congress to 
     better protect consumers from unscrupulous practices 
     including, but not limited to, mandating the recording and 
     maintenance of evidence concerning the consent of the 
     consumer to switch phone vendors, establishing higher civil 
     fines for violations, and establishing a civil right of 
     action against fraudulent providers, as well as criminal 
     sanctions for repeated and willful instances of slamming.
                                 ______
                                 

                        ROBB AMENDMENT NO. 1009

  Mr. HOLLINGS (for Mr. Robb) proposed an amendment to the bill, S. 
1022, supra; as follows:

       On page 65, line 10, insert the following:
       ``Sec. 120. There shall be no restriction on the use of 
     Public Safety and Community Policing Grants, authorized under 
     title I of the 1994 Act, to support innovative programs to 
     improve the safety of elementary and secondary school 
     children and reduce crime on or near elementary or secondary 
     school grounds.''
                                 ______
                                 

               LAUTENBERG (AND HATCH) AMENDMENT NO. 1010

  Mr. HOLLINGS (for Mr. Lautenberg, for himself and Mr. Hatch) proposed 
an amendment to the bill, S. 1022, supra; as follows:

       On page 75, line 3, strike all beginning with 
     ``$20,000,000,'' through line 8 and insert the following: 
     ``such funds as are necessary, not to exceed 2 percent of 
     projected annual revenues of the Patent and Trademark Office, 
     shall be made available from the sum appropriated in this 
     paragraph for the staffing, operation, and support of said 
     office once a plan for this office has been submitted to the 
     House and Senate Committees on Appropriations pursuant to 
     section 605 of this Act.''.
                                 ______
                                 

                        BIDEN AMENDMENT NO. 1011

  Mr. HOLLINGS (for Mr. Biden) proposed an amendment to the bill, S. 
1022, supra; as follows:

       At the appropriate place, add the following:
       ``Section 1701(b)(2)(A) of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is 
     amended to read as follows:
       ``(A) may not exceed 20 percent of the funds available for 
     grants pursuant to this subsection in any fiscal year.''.
                                 ______
                                 

                ABRAHAM (AND KENNEDY) AMENDMENT NO. 1012

  Mr. GREGG (for Mr. Abraham, for himself and Mr. Kennedy) proposed an 
amendment to the bill, S. 1022, supra; as follows:

       At the appropriate place, insert: ``Provided further, That 
     none of the funds appropriated or otherwise made available to 
     the Immigration and Naturalization Service may be used to 
     accept, process, or forward to the Federal Bureau of 
     Investigation any FD-258 fingerprint card, or any other means 
     used to transmit fingerprints, for the purpose of conducting 
     a criminal background check on any applicant for any benefit 
     under the Immigration and Nationality Act unless the 
     applicant's fingerprints have been taken by an office of the 
     Immigration and Naturalization Service or by a law 
     enforcement agency, which may collect a fee for the service 
     of taking and forwarding the fingerprints.''
                                 ______
                                 

                        HATCH AMENDMENT NO. 1013

  Mr. GREGG (for Mr. Hatch) proposed an amendment to the bill, S. 1022, 
supra; as follows:

       On page 2, lines 17 through 22, strike the colon on line 17 
     and all that follows through ``basis'' on line 22.
                                 ______
                                 

                        BURNS AMENDMENT NO. 1014

  Mr. GREGG (for Mr. Burns) proposed an amendment to the bill, S. 1022, 
supra; as follows:

       On page 125, strike lines 3-9.
                                 ______
                                 

                  McCAIN (AND KYL) AMENDMENT NO. 1015

  Mr. GREGG (for Mr. McCain, for himself and Mr. Kyl) proposed an 
amendment to the bill, S. 1022, supra; as follows:

       At the appropriate place, insert the following:


               waiver of certain vaccination requirements

       Sec.    (a) In General.--Section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182) is amended by adding at the 
     end the following:
       ``(p) The Attorney General should exercise the waiver 
     authority provided for in subsection (g)(2)(B) for any alien 
     orphan applying for an IR3 or IR4 category visa.''.
                                 ______
                                 

                       STEVENS AMENDMENT NO. 1016

  Mr. GREGG (for Mr. Stevens) proposed an amendment to the bill, S. 
1022, supra; as follows:

       At the appropriate place, insert:
       Sec.   . The second proviso of the second paragraph under 
     the heading ``office of the chief signal officer.'' in the 
     Act entitled ``An Act Making appropriations for the support 
     of the Regular and Volunteer Army for the fiscal year ending 
     June thirtieth, nineteen hundred and one'', approved May 26, 
     1900 (31 Stat. 206; chapter 586; 47 U.S.C. 17), is repealed.
                                 ______
                                 

                       DeWINE AMENDMENT NO. 1017

  Mr. GREGG (for Mr. DeWine) proposed an amendment to the bill, S. 
1022, supra; as follows:

       At the appropriate place, insert the following:

     SEC.   . EXCLUSION FROM THE UNITED STATES OF ALIENS WHO HAVE 
                   BEEN INVOLVED IN EXTRAJUDICIAL AND POLITICAL 
                   KILLINGS IN HAITI.

       (a) Grounds for Exclusion.--None of the funds appropriated 
     or otherwise made available in this Act shall be used to 
     issue visas to any person who--
       (1) has been credibly alleged to have ordered, carried out, 
     or materially assisted in the extrajudicial and political 
     killings of Antoine Izmery, Guy Malary, Father Jean-Marie 
     Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille 
     Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max 
     Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun, 
     Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-
     Hubert Feuille;
       (2) has been included in the list presented to former 
     President Jean-Bertrand Aristide by former National Security 
     Council Advisor Anthony Lake in December 1995, and acted upon 
     by President Rene Preval;
       (3) was a member of the Haitian presidential security unit 
     who has been credibly alleged to have ordered, carried out, 
     or materially assisted in the extrajudicial and political 
     killings of Pastor Antoine Leroy and Jacques Fleurival, or 
     who was suspended by President Preval for his involvement in 
     or knowledge of the Leroy and Fleurival killings on August 
     20, 1996;
       (4) was sought for an interview by the Federal Bureau of 
     Investigation as part of its inquiry into the March 28, 1995, 
     murder of Mireille Durocher Bertin and Eugene Baillergeau, 
     Jr., and was credibly alleged to

[[Page S8105]]

     have ordered, carried out, or materially assisted in those 
     murders, per a June 28, 1995, letter to the then Minister of 
     Justice of the Government of Haiti, Jean-Joseph Exume;
       (5) was a member of the Haitian High Command during the 
     period 1991 through 1994, and has been credibly alleged to 
     have planned, ordered, or participated with members of the 
     Haitian Armed Forces in--
       (A) the September 1991 coup against any person who was a 
     duly elected government official of Haiti (or a member of the 
     family of such official), or
       (B) the murders of thousands of Haitians during the period 
     1991 through 1994; or
       (6) has been credibly alleged to have been a member of the 
     paramilitary organization known as FRAPH who planned, 
     ordered, or participated in acts of violence against the 
     Haitian people.
       (b) Exemption.--Subsection (a) shall not apply if the 
     Secretary of State finds, on a case-by-case basis, that the 
     entry into the United States of a person who would otherwise 
     be excluded under this section is necessary for medical 
     reasons or such person has cooperated fully with the 
     investigation of these political murders. If the Secretary of 
     State exempts any such person, the Secretary shall notify the 
     appropriate congressional committees in writing.
       (c) Reporting Requirement.--(1) The United States chief of 
     mission in Haiti shall provide the Secretary of State a list 
     of those who have been credibly alleged to have ordered or 
     carried out the extrajudicial and political killings 
     mentioned in paragraph (1) of subsection (a).
       (2) The Secretary of State shall submit the list provided 
     under paragraph (1) to the appropriate congressional 
     committees not later than 3 months after the date of 
     enactment of this Act.
       (3) The Secretary of State shall submit to the appropriate 
     congressional committees a list of aliens denied visas, and 
     the Attorney General shall submit to the appropriate 
     congressional committees a list of aliens refused entry to 
     the United States as a result of this provision.
       (4) The Secretary of State shall submit a report under this 
     subsection not later than 6 months after the date of 
     enactment of this Act and not later than March 1 of each year 
     thereafter as long as the Government of Haiti has not 
     completed the investigation of the extrajudicial and 
     political killings and has not prosecuted those implicated 
     for the killings specified in paragraph (1) of subsection 
     (a).
       (d) Definition.--In this section, the term ``appropriate 
     congressional committees'' means the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Foreign Relations of the Senate.
                                 ______
                                 

                  HELMS (AND BIDEN) AMENDMENT NO. 1018

  Mr. GREGG (for Mr. Helms, for himself and Mr. Biden) proposed an 
amendment to the bill, S. 1022, supra; as follows:

       On page 114, strike lines 14-23.
                                 ______
                                 

                 WARNER (AND OTHERS) AMENDMENT NO. 1019

  Mr. GREGG (for Mr. Warner, for himself, Mr. Leahy, and Mr. Robb) 
proposed an amendment to the bill, S. 1022, supra; as follows:

       At the appropriate place in title I of the bill, insert the 
     following:
       Sec. 1  . Section 233(d) of the Anti
     terrorism and Effective Death Penalty Act of 1996 (110 Stat. 
     1245) is amended by striking ``1 year after the date of 
     enactment of this Act'' and inserting ``October 1, 1999''.
                                 ______
                                 

                        COATS AMENDMENT NO. 1020

  Mr. GREGG (for Mr. Coats) proposed an amendment to the bill, S. 1022, 
supra; as follows:

       On page 139, after line 13 insert the following:

                    Gambling Impact Study Commission


                         salaries and expenses

       For necessary expenses of the National Gambling Impact 
     Study Commission, $1,000,000, to remain available until 
     expended: Provided, That funds made available for this 
     purpose shall be taken from funds made available on page 23, 
     line 21.
                                 ______
                                 

                STEVENS (AND OTHERS) AMENDMENT NO. 1021

  Mr. GREGG (for Mr. Stevens, Mr. Kerry, and Mrs. Feinstein) proposed 
an amendment to the bill, S. 1022, supra; as follows:

       At the appropriate place in the bill, insert the following: 
     ``Provided further, That not to exceed $2,000,000 may be made 
     available for the 1999 Women's World Cup Organizing Committee 
     cultural exchange and exchange related activities associated 
     with the 1999 Women's World Cup.''

                          ____________________