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SEC. 409. 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 uni-
fied combatant command established under chapter 6 of
title 10, United States Code, to perform the mission of car-
rying 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.
SEC. 410. 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 un-
dertaking donated book programs abroad, including those
organizations utilizing on-line information technologies to
complement the traditional hard cover donation program.
SEC. 411. EXTENSION OF AU PAIR PROGRAMS.
Section 8 of the Eisenhower Exchange Fellowship Act
of 1990 is amended in the last sentence by striking ‘‘fiscal
year 1995’’ and inserting ‘‘fiscal year 1999’’.
SEC. 412. Sections 6(a) and 6(b) of Public Law 101–
454 are repealed. In addition, notwithstanding any other
provision of law, Eisenhower Exchange Fellowships, Incor-
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porated, may use any earned but unused trust income from
the period 1992 through 1995 for Fellowship purposes.
SEC. 413. It is the sense of the Senate that none of
the funds appropriated or otherwise made available pursu-
ant 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 un-
less—
(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 Na-
tions peacekeeping forces from a situation of immi-
nent danger, to undertake emergency air rescue oper-
ations, or to provide for the airborne delivery of hu-
manitarian 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.
SEC. 414. It is the Sense of the Senate that the Presi-
dent of the United States should insist on the full compli-
ance of the Russian Federation with the terms of the Treaty
on Conventional Armed Forces in Europe and seek the ad-
vice and consent of the Senate for any treaty modifications.
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SEC. 415. RESTRICTIONS ON THE TERMINATION OF SANC-
TIONS AGAINST SERBIA AND MONTENEGRO.
(a) RESTRICTIONS.—Section 1511 of the National De-
fense Authorization Act for Fiscal Year 1994 (Public Law
103–160) is amended by striking subsection (e) and insert-
ing 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 exercis-
ing its legitimate right to democratic self-government,
and the political autonomy of Kosova, as exercised
prior to 1984 under the 1974 Constitution of the So-
cialist Federal Republic of Yugoslavia, has been re-
stored;
‘‘(2) systematic violations of the civil and human
rights of the people of Kosova, including institutional-
ized discrimination and structural repression, have
ended;
‘‘(3) monitors from the Organization for Secu-
rity and Cooperation in Europe, other human rights
monitors, and United States and international relief
officials are free to operate in Kosova and Serbia, in-
cluding the Sandjak and Vojvodina, and enjoy the full
cooperation and support of Serbia and local authori-
ties;
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‘‘(4) full civil and human rights have been re-
stored to ethnic non-Serbs in Serbia, including the
Sandjak and Vojvodina;
‘‘(5) the Federal Republic of Yugoslavia has halt-
ed aggression against the Republic of Bosnia and
Herzegovina;
‘‘(6) the Federal Republic of Yugoslavia has ter-
minated 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 ex-
tended 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 co-
operated fully with the United Nations war crimes
tribunal for the former Yugoslavia, including by sur-
rendering all available and requested evidence and
those indicted individuals who are residing in the ter-
ritory of Serbia and Montenegro.’’.
(b) FOREIGN ASSISTANCE ACT AMENDMENT.—Section
307(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
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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 ‘‘sub-
section (d)) remain in effect until the certification require-
ments 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.
This title may be cited as the ‘‘Department of State
and Related Agencies Appropriations Act, 1996’’.
TITLE V—RELATED AGENCIES
DEPARTMENT OF TRANSPORTATION
MARITIME ADMINISTRATION
MARITIME SECURITY
For necessary expenses of maritime security services
authorized by law, $46,000,000, to remain available until
expended.
OPERATING-DIFFERENTIAL SUBSIDIES
(LIQUIDATION OF CONTRACT AUTHORITY)
For the payment of obligations incurred for operating-
differential subsidies as authorized by the Merchant Marine
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Act, 1936, as amended, $162,610,000, to remain available
until expended.
OPERATIONS AND TRAINING
For necessary expenses of operations and training ac-
tivities authorized by law, $68,600,000, to remain available
until expended: Provided, That notwithstanding any other
provision of law, the Secretary of Transportation may use
proceeds derived from the sale or disposal of National De-
fense Reserve Fleet vessels that are currently collected and
retained by the Maritime Administration, to be used for
facility and ship maintenance, modernization and repair,
conversion, acquisition of equipment, and fuel costs nec-
essary to maintain training at the United States Merchant
Marine Academy and State maritime academies and may
be transferred to the Secretary of the Interior for use as
provided in the National Maritime Heritage Act (P.L. 103–
451): Provided further, That reimbursements may be made
to this appropriation from receipts to the ‘‘Federal Ship
Financing Fund’’ for administrative expenses in support
of that program in addition to any amount heretofore ap-
propriated.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
ACCOUNT
For the cost of guaranteed loans, as authorized by the
Merchant Marine Act, 1936, $25,000,000, to remain avail-
able until expended: Provided, That such costs, including
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the cost of modifying such loans, shall be as defined in sec-
tion 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.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
Notwithstanding any other provision of this Act, the
Maritime Administration is authorized to furnish utilities
and services and make necessary repairs in connection with
any lease, contract, or occupancy involving Government
property under control of the Maritime Administration,
and payments received therefor shall be credited to the ap-
propriation charged with the cost thereof: Provided, That
rental payments under any such lease, contract, or occu-
pancy for items other than such utilities, services, or repairs
shall be covered into the Treasury as miscellaneous receipts.
No obligations shall be incurred during the current fis-
cal year from the construction fund established by the Mer-
chant Marine Act, 1936, or otherwise, in excess of the ap-
propriations and limitations contained in this Act or in
any prior appropriation Act, and all receipts which other-
wise would be deposited to the credit of said fund shall be
covered into the Treasury as miscellaneous receipts.
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COMMISSION FOR THE PRESERVATION OF AMERICA’S
HERITAGE ABROAD
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation
of America’s Heritage Abroad, $206,000, as authorized by
Public Law 99–83, section 1303.
COMMISSION ON CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil
Rights, including hire of passenger motor vehicles,
$9,000,000: Provided, That not to exceed $50,000 may be
used to employ consultants: Provided further, That none of
the funds appropriated in this paragraph shall be used to
employ in excess of four full-time individuals under Sched-
ule C of the Excepted Service exclusive of one special assist-
ant for each Commissioner: Provided further, That none of
the funds appropriated in this paragraph shall be used to
reimburse Commissioners for more than 75 billable days,
with the exception of the Chairperson who is permitted 125
billable days.
COMMISSION ON IMMIGRATION REFORM
SALARIES AND EXPENSES
For necessary expenses of the Commission on Immi-
gration Reform pursuant to section 141(f) of the Immigra-
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tion Act of 1990, $1,894,000, to remain available until ex-
pended.
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security
and Cooperation in Europe, as authorized by Public Law
94–304, $1,090,000, to remain available until expended as
authorized by section 3 of Public Law 99–7.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Op-
portunity Commission as authorized by title VII of the
Civil Rights Act of 1964, as amended (29 U.S.C. 206(d)
and 621–634), the Americans with Disabilities Act of 1990,
and the Civil Rights Act of 1991, including services as au-
thorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); nonmonetary awards
to private citizens; not to exceed $26,500,000, for payments
to State and local enforcement agencies for services to the
Commission pursuant to title VII of the Civil Rights Act
of 1964, as amended, sections 6 and 14 of the Age Discrimi-
nation in Employment Act, the Americans with Disabilities
Act of 1990, and the Civil Rights Act of 1991; $233,000,000:
Provided, That the Commission is authorized to make
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available for official reception and representation expenses
not to exceed $2,500 from available funds.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901–02; not
to exceed $600,000 for land and structures; not to exceed
$500,000 for improvement and care of grounds and repair
to buildings; not to exceed $4,000 for official reception and
representation expenses; purchase (not to exceed sixteen)
and hire of motor vehicles; special counsel fees; and services
as authorized by 5 U.S.C. 3109; $166,185,000, of which not
to exceed $300,000 shall remain available until September
30, 1997, for research and policy studies: Provided, That
$116,400,000 of offsetting collections shall be assessed and
collected pursuant to section 9 of title I of the Communica-
tions Act of 1934, as amended, and shall be retained and
used for necessary expenses in this appropriation, and shall
remain available until expended: Provided further, That the
sum herein appropriated shall be reduced as such offsetting
collections are received during fiscal year 1996 so as to re-
sult in a final fiscal year 1996 appropriation estimated at
$49,785,000: Provided further, That any offsetting collec-
tions received in excess of $116,400,000 in fiscal year 1996
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shall remain available until expended, but shall not be
available for obligation until October 1, 1996.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Com-
mission as authorized by section 201(d) of the Merchant
Marine Act of 1936, as amended (46 App. U.S.C. 1111),
including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefor, as authorized
by 5 U.S.C. 5901–02; $14,855,000: Provided, That not to
exceed $2,000 shall be available for official reception and
representation expenses.
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commis-
sion, including uniforms or allowances therefor, as author-
ized by 5 U.S.C. 5901–5902; services as authorized by 5
U.S.C. 3109; hire of passenger motor vehicles; and not to
exceed $2,000 for official reception and representation ex-
penses; $73,035,000: Provided, That not to exceed $300,000
shall be available for use to contract with a person or per-
sons for collection services in accordance with the terms of
31 U.S.C. 3718, as amended: Provided further, That not-
withstanding any other provision of law, not to exceed
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$48,262,000 of offsetting collections derived from fees col-
lected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18(a)) shall be retained and used for necessary ex-
penses in this appropriation, and shall remain available
until expended: Provided further, That the sum herein ap-
propriated from the General Fund shall be reduced as such
offsetting collections are received during fiscal year 1996,
so as to result in a final fiscal year 1996 appropriation
from the General Fund estimated at not more than
$24,773,000, to remain available until expended: Provided
further, That any fees received in excess of $48,262,000 in
fiscal year 1996 shall remain available until expended, but
shall not be available for obligation until October 1, 1996:
Provided further, That none of the funds made available
to the Federal Trade Commission shall be available for obli-
gation for expenses authorized by section 151 of the Federal
Deposit Insurance Corporation Improvement Act of 1991
(Public Law 102–242, 105 Stat. 2282–2285).
JAPAN-UNITED STATES FRIENDSHIP COMMISSION
JAPAN-UNITED STATES FRIENDSHIP TRUST FUND
For expenses of the Japan-United States Friendship
Commission as authorized by Public Law 94–118, as
amended, from the interest earned on the Japan-United
States Friendship Trust Fund, $1,247,000; and an amount
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of Japanese currency not to exceed the equivalent of
$1,420,000 based on exchange rates at the time of payment
of such amounts as authorized by Public Law 94–118.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to
carry out the Legal Services Corporation Act, $340,000,000,
of which $327,000,000 is for direct delivery of legal assist-
ance, including basic field programs; and $13,000,000 (to
be allocated by the Board of Directors of the Corporation)
is for management, administration, and the Office of In-
spector General: Provided, That $115,000,000 of the total
amount provided under this heading shall not be available
until the date on which the Corporation commences imple-
mentation of the system of competitive awards of grants
and contracts under section 13.
ADMINISTRATIVE PROVISIONS—LEGAL SERVICES
CORPORATION
SEC. 11. Funds appropriated under this Act to the
Legal Services Corporation for basic field programs shall
be distributed as follows:
(1) The Corporation shall define geographic
areas and make the funds available for each geo-
graphic area on a per capita basis relative to the
number of individuals in poverty determined by the
Bureau of the Census to be within the geographic
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area, except as provided in paragraph (2)(B). Funds
for such a geographic area may be distributed by the
Corporation to 1 or more persons or entities eligible
for funding under section 1006(a)(1)(A) of the Legal
Services Corporation Act (42 U.S.C. 2996e(a)(1)(A)),
subject to sections 12 and 14.
(2) Funds for grants from the Corporation, and
contracts entered into by the Corporation, for basic
field programs shall be allocated so as to provide—
(A) except as provided in subparagraph
(B), an equal figure per individual in poverty
for all geographic areas, as determined on the
basis of the most recent decennial census of popu-
lation conducted pursuant to section 141 of title
13, United States Code (or, in the case of the Re-
public of Palau, the Federated States of Microne-
sia, the Republic of the Marshall Islands, Alaska,
Hawaii, and the United States Virgin Islands,
on the basis of the adjusted population counts
historically used as the basis for such determina-
tions); and
(B) an additional amount for Native Amer-
ican communities that received assistance under
the Legal Services Corporation Act for fiscal
year 1995, so that the proportion of the funds
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appropriated to the Legal Services Corporation
for basic field programs for fiscal year 1996 that
is received by the Native American communities
shall be not less than the proportion of such
funds appropriated for fiscal year 1995 that was
received by the Native American communities.
SEC. 12. None of the funds appropriated under this
Act to the Legal Services Corporation shall be used by the
Corporation to make a grant, or enter into a contract, for
the provision of legal assistance unless the Corporation en-
sures that the person or entity receiving funding to provide
such legal assistance is—
(1) a private attorney admitted to practice in a
State or the District of Columbia;
(2) a qualified nonprofit organization, chartered
under the laws of a State or the District of Columbia,
that—
(A) furnishes legal assistance to eligible cli-
ents; and
(B) is governed by a board of directors or
other governing body, the majority of which is
comprised of attorneys who—
(i) are admitted to practice in a State
or the District of Columbia; and
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(ii) are appointed to terms of office on
such board or body by the governing body of
a State, county, or municipal bar associa-
tion, the membership of which represents a
majority of the attorneys practicing law in
the locality in which the organization is to
provide legal assistance;
(3) a State or local government (without regard
to section 1006(a)(1)(A)(ii) of the Legal Services Cor-
poration Act (42 U.S.C. 2996e(a)(1)(A)(ii)); or
(4) a substate regional planning or coordination
agency that serves a substate area and whose govern-
ing board is controlled by locally elected officials.
SEC. 13. (a) Not later than September 1, 1996, the
Corporation shall implement a system of competitive
awards of grants and contracts that will apply to all grants
and contracts for the delivery of legal assistance awarded
by the Corporation after the date of implementation of the
system.
(b) Not later than 60 days after the date of enactment
of this Act, the Legal Services Corporation shall promulgate
regulations to implement a competitive selection process for
the recipients of such grants and contracts.
(c) Such regulations shall specify selection criteria for
the recipients, which shall include—
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(1) a demonstration of a full understanding of
the basic legal needs of the eligible clients to be served
and a demonstration of the capability of serving the
needs;
(2) the quality, feasibility, and cost effectiveness
of a plan submitted by an applicant for the delivery
of legal assistance to the eligible clients to be served;
and
(3) the experience of the Corporation with the
applicant, if the applicant has previously received fi-
nancial assistance from the Corporation, including
the record of the applicant of past compliance with
Corporation policies, practices, and restrictions.
(d) Such regulations shall ensure that timely notice
regarding an opportunity to submit an application for such
an award is published in periodicals of local and State bar
associations and in at least 1 daily newspaper of general
circulation in the area to be served by the person or entity
receiving the award.
(e) No person or entity that was previously awarded
a grant or contract by the Legal Services Corporation for
the provision of legal assistance may be given any pref-
erence in the competitive selection process.
(f) Sections 1007(a)(9) and 1011 of the Legal Services
Corporation Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C.
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2996j) shall not apply to grants and contracts awarded
under the system of competitive awards for grants and con-
tracts for the delivery of legal assistance.
SEC. 14. (a) None of the funds appropriated under this
Act to the Legal Services Corporation may be used to pro-
vide financial assistance to any person or entity (which
may be referred to in this section as a ‘‘recipient’’)—
(1) that makes available any funds, personnel, or
equipment for use in advocating or opposing any
plan or proposal, or represents any party or partici-
pates in any other way in litigation, that is intended
to or has the effect of altering, revising, or reappor-
tioning a legislative, judicial, or elective district at
any level of government, including influencing the
timing or manner of the taking of a census;
(2) that attempts to influence the issuance,
amendment, or revocation of any executive order, reg-
ulation, or similar promulgation by any Federal,
State, or local agency, except as permitted in para-
graph (3);
(3) that attempts to influence any decision by a
Federal, State, or local agency, except when legal as-
sistance is provided by an employee of a recipient to
an eligible client on a particular application, claim,
or case—
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(A) that directly involves a legal right or re-
sponsibility of the client; and
(B) that does not involve the issuance,
amendment, or revocation of any agency promul-
gation described in paragraph (2);
(4) that attempts to influence the passage or de-
feat of any legislation, constitutional amendment, ref-
erendum, initiative, or any similar procedure of Con-
gress or a State or local legislative body;
(5) that attempts to influence the conduct of
oversight proceedings of the Corporation or any per-
son or entity receiving financial assistance provided
by the Corporation;
(6) that pays for any personal service, advertise-
ment, telegram, telephone communication, letter,
printed or written matter, administrative expense, or
related expense, associated with an activity prohibited
in this section;
(7) that initiates or participates in a class ac-
tion suit;
(8) that files a complaint or otherwise initiates
litigation against a defendant, or engages in a
precomplaint settlement negotiation with a prospec-
tive defendant, unless—
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(A) each plaintiff has been specifically iden-
tified, by name, in any complaint filed for pur-
poses of such litigation or prior to the
precomplaint settlement negotiation; and
(B) a statement of facts written in English
and, if necessary, in a language that the plain-
tiff understands, that enumerates the particular
facts known to the plaintiff on which the com-
plaint is based, has been signed by the plaintiff,
is kept on file by the recipient, and is made
available to any Federal department or agency
that is auditing or monitoring the activities of
the Corporation or of the recipient, and to any
auditor or monitor receiving Federal funds to
conduct such auditing or monitoring, including
any auditor or monitor of the Corporation, ex-
cept that—
(i) on establishment of reasonable cause
that an injunction is necessary to prevent
probable, serious harm to a potential plain-
tiff, a court of competent jurisdiction may
enjoin the disclosure of the identity of the
potential plaintiff pending the outcome of
such litigation or negotiation after notice
and an opportunity for a hearing is pro-
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vided to potential parties to the litigation
or the negotiation; and
(ii) other parties to the litigation or
negotiation shall have access to the state-
ment of facts only through the discovery
process after litigation has begun;
(9) unless—
(A) prior to the provision of financial as-
sistance—
(i) if the person or entity is a non-
profit organization, the governing board of
the person or entity has set specific prior-
ities in writing, pursuant to section
1007(a)(2)(C)(i) of the Legal Services Cor-
poration Act (42 U.S.C. 2996f(a)(2)(C)(i)),
of the types of matters and cases to which
the staff of the nonprofit organization shall
devote time and resources; and
(ii) the staff of such person or entity
has signed a written agreement not to un-
dertake cases or matters other than in ac-
cordance with the specific priorities set by
such governing board, except in emergency
situations defined by such board and in ac-
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cordance with the written procedures of
such board for such situations; and
(B) the staff of such person or entity pro-
vides to the governing board on a quarterly
basis, and to the Corporation on an annual
basis, information on all cases or matters under-
taken other than cases or matters undertaken in
accordance with such priorities;
(10) unless—
(A) prior to receiving the financial assist-
ance, such person or entity agrees to maintain
records of time spent on each case or matter with
respect to which the person or entity is engaged;
(B) any funds, including Interest on Law-
yers Trust Account funds, received from a source
other than the Corporation by the person or en-
tity, and disbursements of such funds, are ac-
counted for and reported as receipts and dis-
bursements, respectively, separate and distinct
from Corporation funds; and
(C) the person or entity agrees (notwith-
standing section 1009(d) of the Legal Services
Corporation Act (42 U.S.C. 2996h(d)) to make
the records described in subparagraph (A) avail-
able to any Federal department or agency that
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is auditing or monitoring the activities of the
Corporation or of the recipient, and to any audi-
tor or monitor receiving Federal funds to con-
duct such auditing or monitoring, including any
auditor or monitor of the Corporation;
(11) that provides legal assistance for or on be-
half of any alien, unless the alien is present in the
United States and is—
(A) an alien lawfully admitted for perma-
nent residence as defined in section 101(a)(20) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(20));
(B) an alien who—
(i) is married to a United States citi-
zen or is a parent or an unmarried child
under the age of 21 years of such a citizen;
and
(ii) has filed an application to adjust
the status of the alien to the status of a law-
ful permanent resident under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et
seq.), which application has not been re-
jected;
(C) an alien who is lawfully present in the
United States pursuant to an admission under
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section 207 of the Immigration and Nationality
Act (8 U.S.C. 1157) (relating to refugee admis-
sion) or who has been granted asylum by the At-
torney General under such Act;
(D) an alien who is lawfully present in the
United States as a result of withholding of de-
portation by the Attorney General pursuant to
section 243(h) of the Immigration and National-
ity Act (8 U.S.C. 1253(h));
(E) an alien to whom section 305 of the Im-
migration Reform and Control Act of 1986 (8
U.S.C. 1101 note) applies, but only to the extent
that the legal assistance provided is the legal as-
sistance described in such section; or
(F) an alien who is lawfully present in the
United States as a result of being granted condi-
tional entry to the United States before April 1,
1980, pursuant to section 203(a)(7) of the Immi-
gration 
and 
Nationality 
Act 
(8 
U.S.C.
1153(a)(7)), as in effect on such date, because of
persecution or fear of persecution on account of
race, religion, or political calamity;
(12) that supports or conducts a training pro-
gram for the purpose of advocating a particular pub-
lic policy or encouraging a political activity, a labor
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or antilabor activity, a boycott, picketing, a strike, or
a demonstration, including the dissemination of in-
formation about such a policy or activity, except that
this paragraph shall not be construed to prohibit the
provision of training to an attorney or a paralegal to
prepare the attorney or paralegal to provide—
(A) adequate legal assistance to eligible cli-
ents; or
(B) advice to any eligible client as to the
legal rights of the client;
(13) that provides legal assistance with respect to
any fee-generating case, if a private attorney is avail-
able and willing to take the case;
(14) that claims, or whose employee or eligible
client claims, or collects, attorneys’ fees from a non-
governmental party to litigation, initiated after Jan-
uary 1, 1996, by such client with the assistance of
such recipient or an employee of the recipient;
(15) that participates in any litigation with re-
spect to abortion;
(16) that participates in any litigation on behalf
of a person incarcerated in a Federal, State, or local
prison;
(17) that initiates legal representation or par-
ticipates in any other way, in litigation, lobbying, or
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rulemaking, involving an effort to reform a Federal or
State welfare system, except that this paragraph shall
not be construed to preclude a recipient from rep-
resenting an individual eligible client who is seeking
specific relief from a welfare agency, if such relief
does not involve an effort to amend or otherwise chal-
lenge existing law (as of the date of the effort);
(18) that defends a person in a proceeding to
evict the person from a public housing project if—
(A) the person has been charged with the il-
legal sale or distribution of a controlled sub-
stance; and
(B) the eviction proceeding is brought by a
public housing agency because the illegal drug
activity of the person threatens the health or
safety of another tenant residing in the public
housing project or employee of the public housing
agency; or
(19) unless such person or entity agrees that the
person or entity, and the employees of the person or
entity, will not accept employment resulting from in-
person unsolicited advice to a nonattorney that such
nonattorney should obtain counsel or take legal ac-
tion, and will not refer such nonattorney to a second
person or entity or an employee of the person or en-
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tity, that is receiving financial assistance provided by
the Legal Services Corporation, except that this para-
graph shall not be construed to prohibit such first
person or entity or an employee of the person or en-
tity from referring such nonattorney to the appro-
priate Federal, State, or local agency with jurisdic-
tion over the matter involved.
(b) Nothing in this section shall be interpreted to pro-
hibit—
(1) a recipient from using funds from a source
other than the Corporation for the purpose of contact-
ing, communicating with, or responding to a request
from, a State or local government agency, a State or
local legislative body or committee, or a member
thereof, regarding funding for the recipient, including
a pending or proposed legislative or agency proposal
to fund such recipient; or
(2) the Corporation from responding to a request
for comments regarding a Federal funding proposal.
(c) Not later than 30 days after the date of enactment
of this Act, the Corporation shall promulgate a suggested
list of priorities that boards of directors may use in setting
priorities under subsection (a)(9).
(d)(1) The Corporation shall not accept any non-Fed-
eral funds, and no recipient shall accept funds from any
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source other than the Corporation, unless the Corporation
or the recipient, as the case may be, notifies in writing the
source of the funds that the funds may not be expended for
any purpose prohibited by the Legal Services Corporation
Act or this title.
(2) Paragraph (1) shall not prevent a recipient from—
(A) receiving Indian tribal funds (including
funds from private nonprofit organizations for the
benefit of Indians or Indian tribes) and expending the
tribal funds in accordance with the specific purposes
for which the tribal funds are provided; or
(B) using funds received from a source other
than the Corporation to provide legal assistance to a
client who is not an eligible client if such funds are
used for the specific purposes for which such funds
were received, except that such funds may not be ex-
pended by recipients for any purpose prohibited by
the Legal Services Corporation Act or this title (other
than any requirement regarding the eligibility of cli-
ents).
(e) As used in this section:
(1) The term ‘‘controlled substance’’ has the
meaning given the term in section 102 of the Con-
trolled Substances Act (21 U.S.C. 802).
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(2) The term ‘‘fee-generating case’’ means a case
that, if undertaken on behalf of an eligible client by
a private attorney would reasonably be expected to re-
sult in a fee for legal services from an award to an
eligible client from public funds, from the opposing
party, or from any other source.
(3) The term ‘‘individual in poverty’’ means an
individual who is a member of a family (of 1 or more
members) with an income at or below the poverty
line.
(4) The term ‘‘poverty line’’ means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with sec-
tion 673(2) of the Community Services Block Grant
Act (42 U.S.C. 9902(2)) applicable to a family of the
size involved.
(5) The term ‘‘public housing project’’ has the
meaning as used within section 3, and the term ‘‘pub-
lic housing agency’’ has the meaning given the term
in section 3, of the United States Housing Act of 1937
(42 U.S.C. 1437a).
SEC. 15. None of the funds appropriated under this
Act to the Legal Services Corporation or provided by the
Corporation to any entity or person may be used to pay
membership dues to any private or nonprofit organization.
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SEC. 16. The requirements of sections 14 and 15 shall
apply to the activities of a recipient described in section
14, or an employee of such a recipient, during the provision
of legal assistance for a case or matter, if the recipient or
employee begins to provide the legal assistance on or after
the date of enactment of this Act. If the recipient or em-
ployee began to provide legal assistance for the case or mat-
ter prior to such date, and begins to provide legal assistance
for an additional related claim on or after such date, the
requirements shall apply to the activities of the recipient
or employee during the provision of legal assistance for the
claim.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Com-
mission as authorized by title II of Public Law 92–522,
as amended, $1,384,000.
MARTIN LUTHER KING, JR. FEDERAL HOLIDAY
COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Martin Luther King, Jr.
Federal Holiday Commission, as authorized by Public Law
98–399, as amended, $350,000.
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SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,000 for official reception and representation expenses,
$134,997,000, of which $3,600,000 are for the Office of Eco-
nomic Analysis, to be headed by the Chief Economist of the
Commission, and of which not to exceed $10,000 may be
used toward funding a permanent secretariat for the Inter-
national Organization of Securities Commissions, and of
which not to exceed $100,000 shall be available for expenses
for consultations and meetings hosted by the Commission
with foreign governmental and other regulatory officials,
members of their delegations, appropriate representatives
and staff to exchange views concerning developments relat-
ing to securities matters, development and implementation
of cooperation agreements concerning securities matters and
provision of technical assistance for the development of for-
eign securities markets, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance at such
consultations and meetings including: (i) such incidental
expenses as meals taken in the course of such attendance,
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(ii) any travel or transportation to or from such meetings,
and (iii) any other related lodging or subsistence: Provided,
That immediately upon enactment of this Act, the rate of
fees under section 6(b) of the Securities Act of 1933 (15
U.S.C. 77f(b)) shall increase from one-fiftieth of 1 per cen-
tum to one thirty-fourth of 1 per centum and such increase
shall be deposited as an offsetting collection to this appro-
priation, to remain available until expended, to recover
costs of services of the securities registration process: Pro-
vided further, That no funds may be used for the Office of
Investor Education and Assistance, and that $1,500,000 of
the funds appropriated for the Commission shall be avail-
able for the enforcement of the Investment Advisers Act of
1940 in addition to any other appropriated funds des-
ignated by the Commission for enforcement of such Act.
SMALL BUSINESS ADMINISTRATION
The following sum is appropriated for the Small Busi-
ness Administration in addition to such sums provided else-
where in this Act, $30,000,000.
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of
the Small Business Administration as authorized by Public
Law 103–403, including hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344, and not to ex-
ceed $3,500 for official reception and representation ex-
penses, $197,903,000: Provided further, That the Adminis-
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trator is authorized to charge fees to cover the cost of publi-
cations developed by the Small Business Administration,
and certain loan servicing activities: Provided further, That
notwithstanding 31 U.S.C. 3302, revenues received from all
such activities shall be credited to this account, to be avail-
able for carrying out these purposes without further appro-
priations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended (5 U.S.C. App. 1–11 as amended
by Public Law 100–504), $8,500,000.
BUSINESS LOANS PROGRAM ACCOUNT
For the cost of guaranteed loans, $174,726,000, as au-
thorized by 15 U.S.C. 631 note, of which $1,216,000, to be
available until expended, shall be for the Microloan Guar-
antee Program, and of which $40,510,000 shall remain
available until September 30, 1997: 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.
In addition, for administrative expenses to carry out
guaranteed loan programs, $77,600,000, which may be
transferred to and merged with the appropriations for Sala-
ries and Expenses.
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DISASTER LOANS PROGRAM ACCOUNT
For the cost of direct loans authorized by section 7(b)
of the Small Business Act, as amended, $34,432,000, to re-
main available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out
the direct loan program, $62,400,000, which may be trans-
ferred to and merged with the appropriations for Salaries
and Expenses.
SURETY BOND GUARANTEES REVOLVING FUND
For additional capital for the ‘‘Surety Bond Guaran-
tees Revolving Fund’’, authorized by the Small Business In-
vestment Act, as amended, $2,530,000, to remain available
without fiscal year limitation as authorized by 15 U.S.C.
631 note.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS
ADMINISTRATION
SEC. 508. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred be-
tween such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 605
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of this Act and shall not be available for obligation or ex-
penditure except in compliance with the procedures set forth
in that section.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute,
as authorized by The State Justice Institute Authorization
Act of 1992 (Public Law 102–572 (106 Stat. 4515–4516)),
$5,000,000 to remain available until expended: Provided,
That not to exceed $2,500 shall be available for official re-
ception and representation expenses.
TITLE VI—GENERAL PROVISIONS
SEC. 601. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes
not authorized by the Congress.
SEC. 602. No part of any appropriation contained in
this Act shall remain available for obligation beyond the
current fiscal year unless expressly so provided herein.
SEC. 603. The expenditure of any appropriation under
this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of pub-
lic record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
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SEC. 604. If any provision of this Act or the applica-
tion of such provision to any person or circumstances shall
be held invalid, the remainder of the Act and the applica-
tion of each provision to persons or circumstances other
than those as to which it is held invalid shall not be affected
thereby.
SEC. 605. (a) None of the funds provided under this
Act, or provided under previous Appropriations Acts to the
agencies funded by this Act that remain available for obli-
gation or expenditure in fiscal year 1996, or provided from
any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure
through a reprogramming of funds which (1) creates new
programs; (2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or re-
stricted; (4) relocates an office or employees; (5) reorganizes
offices, programs, or activities; or (6) contracts out or
privatizes any functions or activities presently performed
by Federal employees; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or pro-
vided under previous Appropriations Acts to the agencies
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funded by this Act that remain available for obligation or
expenditure in fiscal year 1996, or provided from any ac-
counts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming of
funds in excess of $500,000 or 10 percent, whichever is less,
that (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or (3) results from any general
savings from a reduction in personnel which would result
in a change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Commit-
tees of both Houses of Congress are notified fifteen days in
advance of such reprogramming of funds.
SEC. 607. (a) PURCHASE OF AMERICAN-MADE EQUIP-
MENT AND PRODUCTS.—It is the sense of the Congress that,
to the greatest extent practicable, all equipment and prod-
ucts purchased with funds made available in this Act should
be American-made.
(b) NOTICE REQUIREMENT.—In providing financial
assistance to, or entering into any contract with, any entity
using funds made available in this Act, the head of each
Federal agency, to the greatest extent practicable, shall pro-
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vide to such entity a notice describing the statement made
in subsection (a) by the Congress.
SEC. 608. None of the funds made available in this
Act may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commis-
sion covering harassment based on religion, when it is made
known to the Federal entity or official to which such funds
are made available that such guidelines do not differ in any
respect from the proposed guidelines published by the Com-
mission on October 1, 1993 (58 Fed. Reg. 51266).
SEC. 609. None of the funds made available by this
Act may be used for any United Nations undertaking when
it is made known to the Federal official having authority
to obligate or expend such funds (1) that the United Nations
undertaking is a peacekeeping mission, (2) that such under-
taking will involve United States Armed Forces under the
command or operational control of a foreign national, and
(3) that the President’s military advisors have not submit-
ted to the President a recommendation that such involve-
ment is in the national security interests of the United
States and the President has not submitted to the Congress
such a recommendation.
SEC. 610. None of the funds made available in this
Act shall be used to provide the following amenities or per-
sonal comforts in the Federal prison system—
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(1) in-cell television viewing except for prisoners
who are segregated from the general prison popu-
lation for their own safety;
(2) the viewing of R, X, and NC–17 rated mov-
ies, through whatever medium presented;
(3) any instruction (live or through broadcasts)
or training equipment for boxing, wrestling, judo, ka-
rate, or other martial art, or any bodybuilding or
weightlifting equipment of any sort;
(4) possession of in-cell coffee pots, hot plates, or
heating elements; or
(5) the use or possession of any electric or elec-
tronic musical instrument.
SEC. 611. None of the funds made available in title
II for the National Oceanic and Atmospheric Administra-
tion under the heading ‘‘Fleet Modernization, Shipbuilding
and Conversion’’ may be used to implement sections 603,
604, and 605 of Public Law 102–567.
SEC. 612. None of the funds made available in this
Act may be used for ‘‘USIA Television Marti Program’’
under the Television Broadcasting to Cuba Act or any other
program of United States Government television broadcasts
to Cuba, when it is made known to the Federal official hav-
ing authority to obligate or expend such funds that such
use would be inconsistent with the applicable provisions of
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the March 1995 Office of Cuba Broadcasting Reinventing
Plan of the United States Information Agency.
SEC. 613. (a) The Regulatory Coordination Advisory
Committee for the Commodity Futures Trading Commis-
sion is terminated.
(b) Section 5(h) of the Export Administration Act of
1979 is repealed.
(c)(1) Section 5002 of title 18, United States Code, is
repealed.
(2) The table of sections for chapter 401 of title 18,
United States Code, is amended by striking out the item
relating to the Advisory Corrections Council.
(d) This section shall take effect 30 days after the date
of the enactment of this Act.
SEC. 614. SENSE OF THE SENATE ON UNITED STATES-CANA-
DIAN COOPERATION CONCERNING AN OUT-
LET TO RELIEVE FLOODING AT DEVILS LAKE
IN NORTH DAKOTA.
(a) FINDINGS.—The Senate finds that—
(1) flooding in Devils Lake Basin, North Dakota,
has resulted in water levels in the lake reaching their
highest point in 120 years;
(2) basements are flooded and the town of Devils
Lake is threatened with lake water reaching the limits
of the protective dikes of the lake;
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(3) the Army Corps of Engineers and the Bureau
of Reclamation are now studying the feasibility of
constructing an outlet from Devils Lake Basin;
(4) an outlet from Devils Lake Basin will allow
the transfer of water from Devils Lake Basin to the
Red River of the North watershed that the United
States shares with Canada; and
(5) the Treaty Relating to the Boundary Waters
and Questions Arising Along the Boundary Between
the United States and Canada, signed at Washington
on January 11, 1909 (36 Stat. 2448; TS 548) (com-
monly known as the ‘‘Boundary Water Treaty of
1909’’), provides that ‘‘waters flowing across the
boundary shall not be polluted on either side to the
injury of health or property on the other.’’ (36 Stat.
2450).
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the United States Government should seek to estab-
lish a joint United States-Canadian technical committee to
review the Devils Lake Basin outlet project to consider op-
tions for an outlet that would meet Canadian concerns with
regard to the Boundary Water Treaty of 1909.
SEC. 615. Competitive Bidding for Assignment of DBS
Licenses.—No funds provided in this or any other Act shall
be expended to take any action regarding the applications
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that bear Federal Communications Commission File Num-
bers DBS–94–11EXT, DBS–94–15ACP, and DBS–94–
16MP: Provided, That funds shall be made available for
any action taken by the Federal Communications Commis-
sion to use the competitive bidding process prescribed in
section 309(j) of the Communications Act of 1934 (47
U.S.C. section 309(j)) regarding the disposition of the 27
channels at 110 degrees W.L. orbital location: Provided fur-
ther, That the provisions of this section apply unless the
Federal Communications Commission determines that an
alternative adjudication would yield more money for the
United States Treasury.
SEC. 616. 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 sec-
tor energy service companies under title VIII of
the National Energy Conservation Policy Act (42
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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 facili-
ties used by the agency.
(2) GOAL.—The activities described in para-
graph (1) should be a key component of agency pro-
grams that will by the year 2000 result in a 20 per-
cent reduction, from fiscal year 1985 levels, in the en-
ergy use of the facilities used by the agency, as re-
quired by section 543 of the National Energy Con-
servation 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 sub-
section (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 implemen-
tation 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
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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 agen-
cy for which funds are made available under this Act
shall include in each report of the agency to the Sec-
retary 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 con-
sumption in the future.
(2) BY SECRETARY OF ENERGY.—The reports re-
quired 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 para-
graph (1) or (2) shall—
(A) specify the total energy costs of the fa-
cilities used by the agency;
(B) identify the reductions achieved;
(C) specify the actions that resulted in the
reductions;
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(D) with respect to the procurement proce-
dures of the agency, specify what actions have
been taken to—
(i) implement the procurement au-
thorities provided by subsections (a) and (c)
of section 546 of the National Energy Con-
servation Policy Act (42 U.S.C. 8256); and
(ii) incorporate directly, or by ref-
erence, 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 per-
formance contracts entered into by the agen-
cy under title VIII of the Act (42 U.S.C.
8287 et seq.).
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TITLE VII—RESCISSIONS
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
WORKING CAPITAL FUND
(RESCISSION)
Of the unobligated balances available under this head-
ing, $55,000,000 are rescinded.
DEPARTMENT OF COMMERCE
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
INFORMATION INFRASTRUCTURE GRANTS
(RESCISSION)
Of the unobligated balances available under this head-
ing, $36,769,000 are rescinded.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
CONSTRUCTION OF RESEARCH FACILITIES
(RESCISSION)
Of the unobligated balances available under this head-
ing, $152,993,000 are rescinded.
DEPARTMENT OF STATE
ADMINISTRATION OF FOREIGN AFFAIRS
ACQUISITION AND MAINTENANCE OF BUILDINGS ABROAD
(RESCISSION)
Of the unobligated balances available under this head-
ing, $140,000,000 are rescinded.
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RELATED AGENCIES
UNITED STATES INFORMATION AGENCY
RADIO CONSTRUCTION
(RESCISSION)
Of the unobligated balances available under this head-
ing, $7,400,000 are rescinded.
TITLE VIII—PRISON LITIGATION
REFORM
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Prison Litigation Re-
form Act of 1995’’.
SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDI-
TIONS.
(a) IN GENERAL.—Section 3626 of title 18, United
States Code, is amended to read as follows:
‘‘§ 3626. Appropriate remedies with respect to prison
conditions
‘‘(a) REQUIREMENTS FOR RELIEF.—
‘‘(1) PROSPECTIVE RELIEF.—(A) Prospective re-
lief in any civil action with respect to prison condi-
tions 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
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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 pow-
ers, to order the construction of prisons or the raising
of taxes, or to repeal or detract from otherwise appli-
cable 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 re-
quires 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.
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‘‘(3) PRISONER RELEASE ORDER.—(A) In any
civil action with respect to prison conditions, no pris-
oner 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 accord-
ance 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 re-
lief, a request for a three-judge court and materials
sufficient to demonstrate that the requirements of sub-
paragraph (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 pend-
ing who believes that a prison release order should be
considered may sua sponte request the convening of a
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three-judge court to determine whether a prisoner re-
lease 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 par-
ticular 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 gov-
ernment 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
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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 condi-
tions 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 en-
tered an order denying termination of prospec-
tive relief under this paragraph; or
‘‘(iii) in the case of an order issued on or
before the date of enactment of the Prison Litiga-
tion Reform Act, 2 years after such date of en-
actment.
‘‘(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
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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 in-
trusive 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 Fed-
eral right, extends no further than necessary to correct
the violation of the Federal right, and that the pro-
spective relief is narrowly drawn and the least intru-
sive means to correct the violation.
‘‘(4) TERMINATION
OR
MODIFICATION
OF
RE-
LIEF.—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
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with the limitations on relief set forth in subsection
(a).
‘‘(2) PRIVATE SETTLEMENT AGREEMENTS.—(A)
Nothing in this section shall preclude parties from en-
tering 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 reinstate-
ment of the civil proceeding that the agreement set-
tled.
‘‘(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 rem-
edies 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 PROSPEC-
TIVE RELIEF.—
‘‘(1) GENERALLY.—The court shall promptly
rule on any motion to modify or terminate prospec-
tive relief in a civil action with respect to prison con-
ditions.
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‘‘(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 spe-
cial 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 appoint-
ment.
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‘‘(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 sub-
section, 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 in-
curred by the special master. Such compensation and
costs shall be paid with funds appropriated to the
Federal Judiciary.
‘‘(5) REGULAR
REVIEW
OF
APPOINTMENT.—In
any civil action with respect to prison conditions in
which a special master is appointed under this sub-
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section, 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 re-
quired under paragraph (1). In no event shall the ap-
pointment of a special master extend beyond the ter-
mination 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 com-
munications ex parte; and
‘‘(C) may be removed at any time, but shall
be relieved of the appointment upon the termi-
nation 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 confine-
ment or the effects of actions by government officials
on the lives of persons confined in prison, but does
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not include habeas corpus proceedings challenging the
fact or duration of confinement in prison;
‘‘(3) the term ‘prisoner’ means any person sub-
ject 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 popu-
lation, 
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 ad-
judicated 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
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‘‘(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, Unit-
ed 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 INSTITU-
TIONALIZED 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.’’.
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(b) CERTIFICATION REQUIREMENTS.—Section 4 of the
Act (42 U.S.C. 1997b) is amended—
(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 At-
torney General’s’’; and
(2) by amending subsection (b) to read as fol-
lows:
‘‘(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 fol-
lows:
‘‘(c) The Attorney General shall personally sign any
motion to intervene made pursuant to this section.’’.
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(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
REM-
EDIES.—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 mo-
tion 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.
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‘‘(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 under-
lying claim without first requiring the exhaustion of ad-
ministrative 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 in-
curred in proving an actual violation of the plain-
tiff’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 re-
lated 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 judg-
ment (not to exceed 25 percent) shall be applied to satisfy
the amount of attorney’s fees awarded against the defend-
ant. If the award of attorney’s fees is greater than 25 per-
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cent of the judgment, the excess shall be paid by the defend-
ant.
‘‘(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 pris-
oner 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 ac-
tion may be brought by a prisoner confined in a jail, pris-
on, 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 ac-
tion 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 par-
ticipation is required or permitted shall be conducted by
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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 de-
fendant to reply to a complaint commenced under this sec-
tion.
‘‘(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 in-
serting ‘‘the report’’.
(f) NOTICE TO FEDERAL DEPARTMENTS.—Section 10
of the Act (42 U.S.C. 1997h) is amended—
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oner’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 ex-
ceeds $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 para-
graph (2), by striking ‘‘subsection (a) of this section’’
and inserting ‘‘subsections (a) and (b) and the pre-
payment 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
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‘‘(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 de-
fendant 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 ‘‘proceed-
ings’’; and
(3) by adding at the end the following new para-
graph:
‘‘(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.’’.
(c) SUCCESSIVE CLAIMS.—Section 1915 of title 28,
United States Code, is amended by adding at the end the
following new subsection:
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‘‘(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 occa-
sions, 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, mali-
cious, 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 de-
linquent for, violations of criminal law or the terms and
conditions of parole, probation, pretrial release, or diver-
sionary 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:
‘‘§ 1915A. Screening
‘‘(a) SCREENING.—The court shall review, before dock-
eting, if feasible or, in any event, as soon as practicable
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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 com-
plaint, 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 chap-
ter 123 of title 28, United States Code, is amended by in-
serting 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:
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‘‘(2) No person convicted of a felony who is incarcer-
ated 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:
‘‘§ 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.’’.
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(b) TECHNICAL AMENDMENT.—The analysis for chap-
ter 123 of title 28, United States Code, is amended by in-
serting after the item relating to section 1931 the following:
‘‘1932. Revocation of earned release credit.’’.
(c) AMENDMENT OF SECTION 3624 OF TITLE 18.—Sec-
tion 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 in-
serting ‘‘Subject to paragraph (2), a pris-
oner’’;
(ii) by striking ‘‘for a crime of vio-
lence,’’; 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 in-
serting 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 to-
ward earning, a high school diploma or an
equivalent degree.’’; and