[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2076 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                    September 29 (legislative day, September 25), 1995.
      Resolved, That the bill from the House of Representatives (H.R. 
2076) 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, 1996, and for other purposes'', do 
pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 1996, and for other purposes, namely:

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $74,282,000; including not to exceed $3,317,000 for the 
Facilities Program 2000, and including $5,000,000 for management and 
oversight of Immigration and Naturalization Service activities, both 
sums to remain available until expended: Provided, That not to exceed 
45 permanent positions and full-time equivalent workyears and 
$7,477,000 shall be expended for the Department Leadership program: 
Provided further, That not to exceed 76 permanent positions and 90 
full-time equivalent workyears and $9,487,000 shall be expended for the 
Executive Support program: Provided further, That the two 
aforementioned programs shall not be augmented by personnel details, 
temporary transfers of personnel on either a reimbursable or non-
reimbursable basis or any other type of formal or informal transfer or 
reimbursement of personnel or funds on either a temporary or long-term 
basis.

                          (transfer of funds)

    For the Joint Automated Booking Station, $11,000,000 shall be made 
available until expended, to be derived by transfer from unobligated 
balances of the Working Capital Fund in the Department of Justice.

                              police corps

    For police corps grants authorized by Public Law 103-322, 
$10,000,000, to remain available until expended, which shall be derived 
from the Violent Crime Reduction Trust Fund.

                         counterterrorism fund

    For necessary expenses, as determined by the Attorney General, 
$26,898,000, to remain available until expended, to reimburse any 
Department of Justice organization for (1) the costs incurred in 
reestablishing the operational capability of an office or facility 
which has been damaged or destroyed as a result of the bombing of the 
Alfred P. Murrah Federal Building in Oklahoma City or any domestic or 
international terrorist incident, (2) the costs of providing support to 
counter, investigate or prosecute domestic or international terrorism, 
including payment of rewards in connection with these activities, and 
(3) the costs of conducting a terrorism threat assessment of Federal 
agencies and their facilities: Provided, That funds provided under this 
section shall be available only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration related activities, $72,319,000.

  violent crime reduction programs, administrative review and appeals

    For activities authorized by section 130007 of Public Law 103-322, 
$14,347,000, to remain available until expended, which shall be derived 
from the Violent Crime Reduction Trust Fund.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $27,436,000; including not to exceed $10,000 to meet 
unforeseen emergencies of a confidential character, to be expended 
under the direction of, and to be accounted for solely under the 
certificate of, the Attorney General; and for the acquisition, lease, 
maintenance and operation of motor vehicles without regard to the 
general purchase price limitation.

                    United States Parole Commission

                         salaries and expenses

    For necessary expenses of the United States Parole Commission as 
authorized by law, $5,446,000.

                            Legal Activities

            salaries and expenses, general legal activities

    For expenses necessary for the legal activities of the Department 
of Justice, not otherwise provided for, including activities authorized 
by title X of the Civil Rights Act of 1964, and including not to exceed 
$20,000 for expenses of collecting evidence, to be expended under the 
direction of, and to be accounted for solely under the certificate of, 
the Attorney General; and rent of private or Government-owned space in 
the District of Columbia; $406,529,000; of which not to exceed 
$10,000,000 for litigation support contracts shall remain available 
until expended: Provided, That of the funds available in this 
appropriation, not to exceed $22,618,000 shall remain available until 
expended for office automation systems for the legal divisions covered 
by this appropriation, and for the United States Attorneys, the 
Antitrust Division, and offices funded through ``Salaries and 
Expenses'', General Administration: Provided further, That of the total 
amount appropriated, not to exceed $1,000 shall be available to the 
United States National Central Bureau, INTERPOL, for official reception 
and representation expenses: Provided further, That notwithstanding 31 
U.S.C. 1342, the Attorney General may accept on behalf of the United 
States and credit to this appropriation, gifts of money, personal 
property and services, for the purpose of hosting the International 
Criminal Police Organization's (INTERPOL) American Regional Conference 
in the United States during fiscal year 1996.
    In addition, for reimbursement of expenses of the Department of 
Justice associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $4,028,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund, as 
authorized by section 6601 of the Omnibus Budget Reconciliation Act, 
1989, as amended by Public Law 101-512 (104 Stat. 1289).

       violent crime reduction programs, general legal activities

    For the expeditious deportation of denied asylum applicants, as 
authorized by section 130005 of Public Law 103-322, $2,991,000, to 
remain available until expended, which shall be derived from the 
Violent Crime Reduction Trust Fund.

               salaries and expenses, antitrust division

    For expenses necessary for the enforcement of antitrust and kindred 
laws, $69,143,000: Provided, That notwithstanding any other provision 
of law, not to exceed $48,262,000 of offsetting collections derived 
from fees collected 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 expenses in this appropriation, and 
shall remain available until expended: Provided further, That the sum 
herein appropriated 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 $20,881,000: 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.

             salaries and expenses, united states attorneys

    For necessary expenses of the Office of the United States 
Attorneys, including intergovernmental agreements, $909,463,000, of 
which not to exceed $2,500,000 shall be available until September 30, 
1997 for the purposes of (1) providing training of personnel of the 
Department of Justice in debt collection, (2) providing services to the 
Department of Justice related to locating debtors and their property, 
such as title searches, debtor skiptracing, asset searches, credit 
reports and other investigations, (3) paying the costs of the 
Department of Justice for the sale of property not covered by the sale 
proceeds, such as auctioneers' fees and expenses, maintenance and 
protection of property and businesses, advertising and title search and 
surveying costs, and (4) paying the costs of processing and tracking 
debts owed to the United States Government: Provided, That of the total 
amount appropriated, not to exceed $8,000 shall be available for 
official reception and representation expenses: Provided further, That 
not to exceed $10,000,000 of those funds available for automated 
litigation support contracts and $4,000,000 for security equipment 
shall remain available until expended.

       violent crime reduction programs, united states attorneys

    For activities authorized by sections 190001(b) and 190001(d) of 
Public Law 103-322, $30,000,000, to remain available until expended, 
which shall be derived from the Violent Crime Reduction Trust Fund.

                   united states trustee system fund

    For the necessary expenses of the United States Trustee Program, 
$103,183,000, as authorized by 28 U.S.C. 589a(a), to remain available 
until expended, for activities authorized by section 115 of the 
Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy 
Act of 1986 (Public Law 99-554), which shall be derived from the United 
States Trustee System Fund: Provided, That deposits to the Fund are 
available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, not to exceed $44,191,000 of offsetting collections derived 
from fees collected pursuant to section 589a(f) of title 28, United 
States Code, as amended, shall be retained and used for necessary 
expenses in this appropriation: Provided further, That the $103,183,000 
herein appropriated from the United States Trustee System 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 
such Fund estimated at not more than $58,992,000: Provided further, 
That any of the aforementioned fees collected in excess of $44,191,000 
in fiscal year 1996 shall remain available until expended, but shall 
not be available for obligation until October 1, 1996.

      salaries and expenses, foreign claims settlement commission

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 5 
U.S.C. 3109, $905,000.

         salaries and expenses, united states marshals service

    For necessary expenses of the United States Marshals Service; 
including the acquisition, lease, maintenance, and operation of 
vehicles and aircraft, and the purchase of passenger motor vehicles for 
police-type use without regard to the general purchase price limitation 
for the current fiscal year; $439,639,000, as authorized by 28 U.S.C. 
561(i), of which not to exceed $6,000 shall be available for official 
reception and representation expenses.

    violent crime reduction programs, united states marshals service

    For activities authorized by section 190001(b) of Public Law 103-
322, $15,000,000, to remain available until expended, which shall be 
derived from the Violent Crime Reduction Trust Fund.

                       federal prisoner detention

    For expenses related to United States prisoners in the custody of 
the United States Marshals Service as authorized in 18 U.S.C. 4013, but 
not including expenses otherwise provided for in appropriations 
available to the Attorney General; $295,331,000, as authorized by 28 
U.S.C. 561(i), to remain available until expended.

                     fees and expenses of witnesses

    For expenses, mileage, compensation, and per diems of witnesses, 
for expenses of contracts for the procurement and supervision of expert 
witnesses, for private counsel expenses, and for per diems in lieu of 
subsistence, as authorized by law, including advances, $85,000,000, to 
remain available until expended; of which not to exceed $4,750,000 may 
be made available for planning, construction, renovation, maintenance, 
remodeling, and repair of buildings and the purchase of equipment 
incident thereto for protected witness safesites; of which not to 
exceed $1,000,000 may be made available for the purchase and 
maintenance of armored vehicles for transportation of protected 
witnesses; and of which not to exceed $4,000,000 may be made available 
for the purchase, installation and maintenance of a secure automated 
information network to store and retrieve the identities and locations 
of protected witnesses.

                      Community Relations Service

                         salaries and expenses

    For necessary expenses of the Community Relations Service, 
established by title X of the Civil Rights Act of 1964, $10,638,000: 
Provided, That such additional funds as may be necessary for the 
resettlement of Cuban and Haitian entrants shall be available to the 
Community Relations Service, without fiscal year limitation, to be 
reimbursed from the Immigration Examinations Fee Account.

                         assets forfeiture fund

    For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C), 
(F), and (G), as amended, $35,000,000 to be derived from the Department 
of Justice Assets Forfeiture Fund.

                    Radiation Exposure Compensation

                        administrative expenses

    For necessary administrative expenses in accordance with the 
Radiation Exposure Compensation Act, $2,655,000.

         payment to radiation exposure compensation trust fund

    For payments to the Radiation Exposure Compensation Trust Fund, 
$16,264,000, to become available on October 1, 1996.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

    For necessary expenses for the detection, investigation, and 
prosecution of individuals involved in organized crime drug trafficking 
not otherwise provided for, to include intergovernmental agreements 
with State and local law enforcement agencies engaged in the 
investigation and prosecution of individuals involved in organized 
crime drug trafficking, $359,843,000, of which $50,000,000 shall remain 
available until expended: Provided, That any amounts obligated from 
appropriations under this heading may be used under authorities 
available to the organizations reimbursed from this appropriation: 
Provided further, That any unobligated balances remaining available at 
the end of the fiscal year shall revert to the Attorney General for 
reallocation among participating organizations in succeeding fiscal 
years, subject to the reprogramming procedures described in section 605 
of this Act.

                    Federal Bureau of Investigation

                         salaries and expenses

    For expenses necessary for detection, investigation, and 
prosecution of crimes against the United States; including purchase for 
police-type use of not to exceed 1,815 passenger motor vehicles of 
which 1,300 will be for replacement only, without regard to the general 
purchase price limitation for the current fiscal year, and hire of 
passenger motor vehicles; acquisition, lease, maintenance and operation 
of aircraft; and not to exceed $70,000 to meet unforeseen emergencies 
of a confidential character, to be expended under the direction of, and 
to be accounted for solely under the certificate of, the Attorney 
General; $2,304,171,000, of which not to exceed $50,000,000 for 
automated data processing and telecommunications and technical 
investigative equipment and $1,000,000 for undercover operations shall 
remain available until September 30, 1997; of which not less than 
$121,345,000 shall be for counterterrorism investigations, foreign 
counterintelligence, and other activities related to our national 
security; of which not to exceed $98,400,000 shall remain available 
until expended; and of which not to exceed $10,000,000 is authorized to 
be made available for making payments or advances for expenses arising 
out of contractual or reimbursable agreements with State and local law 
enforcement agencies while engaged in cooperative activities related to 
violent crime, terrorism, organized crime, and drug investigations; and 
of which $1,500,000 shall be available to maintain an independent 
program office dedicated solely to the relocation of the Criminal 
Justice Information Services Division and the automation of fingerprint 
identification services: Provided, That not to exceed $45,000 shall be 
available for official reception and representation expenses.

                    violent crime reduction programs

    For activities authorized by Public Law 103-322 or Senate bill 735 
as passed by the Senate on June 7, 1995, $202,500,000, to remain 
available until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund, of which $50,000,000 shall be for activities 
authorized in section 521(a)(1) of Senate bill 735; of which 
$42,820,000 shall be for activities authorized in section 521(a)(2) of 
said Act; of which $13,900,000 shall be for activities authorized in 
section 521(a)(5) of said Act; and of which $88,280,000 shall be for 
activities authorized in section 521(a)(7) of said Act; of which 
$5,500,000 shall be for activities authorized by section 210306 of 
Public Law 103-322; and of which $2,000,000 shall be for activities 
authorized by section 210501 of Public Law 103-322.

                              construction

    For necessary expenses to construct or acquire buildings and sites 
by purchase, or as otherwise authorized by law (including equipment for 
such buildings); conversion and extension of federally-owned buildings; 
and preliminary planning and design of projects; $98,800,000, to remain 
available until expended.

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000 to meet unforeseen emergencies of a 
confidential character, to be expended under the direction of, and to 
be accounted for solely under the certificate of, the Attorney General; 
expenses for conducting drug education and training programs, including 
travel and related expenses for participants in such programs and the 
distribution of items of token value that promote the goals of such 
programs; purchase of not to exceed 1,208 passenger motor vehicles, of 
which 1,178 will be for replacement only, for police-type use without 
regard to the general purchase price limitation for the current fiscal 
year; and acquisition, lease, maintenance, and operation of aircraft; 
$790,000,000, of which not to exceed $1,800,000 for research and 
$15,000,000 for transfer to the Drug Diversion Control Fee Account for 
operating expenses shall remain available until expended, and of which 
not to exceed $4,000,000 for purchase of evidence and payments for 
information, not to exceed $4,000,000 for contracting for ADP and 
telecommunications equipment, and not to exceed $2,000,000 for 
technical and laboratory equipment shall remain available until 
September 30, 1997, and of which not to exceed $50,000 shall be 
available for official reception and representation expenses.

                    violent crime reduction programs

    For activities authorized by section 524(b) of Senate bill 735 as 
passed by the Senate on June 7, 1995, $60,000,000, to remain available 
until expended, which shall be derived from the Violent Crime Reduction 
Trust Fund.

                 Immigration and Naturalization Service

                         salaries and expenses

    For expenses, not otherwise provided for, necessary for the 
administration and enforcement of the laws relating to immigration, 
naturalization, and alien registration, including not to exceed $50,000 
to meet unforeseen emergencies of a confidential character, to be 
expended under the direction of, and to be accounted for solely under 
the certificate of, the Attorney General; purchase for police-type use 
(not to exceed 813 of which 177 are for replacement only) without 
regard to the general purchase price limitation for the current fiscal 
year, and hire of passenger motor vehicles; acquisition, lease, 
maintenance and operation of aircraft; and research related to 
immigration enforcement; $953,934,000, of which not to exceed $400,000 
for research shall remain available until expended, and of which not to 
exceed $10,000,000 shall be available for costs associated with the 
training program for basic officer training: Provided, That none of the 
funds available to the Immigration and Naturalization Service shall be 
available for administrative expenses to pay any employee overtime pay 
in an amount in excess of $25,000 during the calendar year beginning 
January 1, 1996: Provided further, That uniforms may be purchased 
without regard to the general purchase price limitation for the current 
fiscal year: Provided further, That not to exceed $5,000 shall be 
available for official reception and representation expenses: Provided 
further, That the Attorney General may transfer to the Department of 
Labor and the Social Security Administration not to exceed $10,000,000 
for programs to verify the immigration status of persons seeking 
employment in the United States: Provided further, That the Office of 
Public Affairs at the Immigration and Naturalization Service shall 
conduct its business in areas only relating to its central mission, 
including: research, analysis, and dissemination of information, 
through the media and other communications outlets, relating to the 
activities of the Immigration and Naturalization Service: Provided 
further, That the Office of Congressional Relations at the Immigration 
and Naturalization Service shall conduct business in areas only 
relating to its central mission, including: providing services to 
Members of Congress relating to constituent inquiries and requests for 
information; and working with the relevant congressional committees on 
proposed legislation affecting immigration matters.

                    violent crime reduction programs

    For activities authorized by sections 130005, 130006, and 130007 of 
Public Law 103-322, $165,362,000, to remain available until expended, 
which shall be derived from the Violent Crime Reduction Trust Fund, of 
which $20,360,000 shall be for expeditious deportation of denied asylum 
applicants, $104,463,000 for improving border controls, and $40,539,000 
for expanded special deportation proceedings.

                             Border Patrol

                         salaries and expenses

    For expenses necessary for Border Patrol Operations, $489,200,000, 
to remain available until expended.

                    violent crime reduction programs

    Section 245(i) of the Immigration and Nationality Act (8 U.S.C. 
1255(i)) is amended--
            (1) in the second sentence of paragraph (1), by striking 
        ``five'' and inserting ``ten''; and
            (2) in paragraph (3), by inserting before the period at the 
        end the following: ``or, notwithstanding any other provision of 
        law, may be deposited as offsetting collections in the 
        Immigration and Naturalization Service ``Salaries and 
        Expenses'' appropriations account to be available to support 
        border enforcement and control programs''.
    The amendments made by this section shall apply to funds remitted 
with applications for adjustment of status which were filed on or after 
the date of enactment of this Act.
    For activities authorized by section 130016 of Public Law 103-322, 
$10,300,000, to remain available until expended, which shall be derived 
from the Violent Crime Reduction Trust Fund.

                              construction

    For planning, construction, renovation, equipping and maintenance 
of buildings and facilities necessary for the administration and 
enforcement of the laws relating to immigration, naturalization, and 
alien registration, not otherwise provided for, $35,000,000, to remain 
available until expended.

                         Federal Prison System

                         salaries and expenses

    For expenses necessary for the administration, operation, and 
maintenance of Federal penal and correctional institutions, including 
purchase (not to exceed 853, of which 559 are for replacement only) and 
hire of law enforcement and passenger motor vehicles; and for the 
provision of technical assistance and advice on corrections related 
issues to foreign governments; $2,574,578,000: Provided, That there may 
be transferred to the Health Resources and Services Administration such 
amounts as may be necessary, in the discretion of the Attorney General, 
for direct expenditures by that Administration for medical relief for 
inmates of Federal penal and correctional institutions: Provided 
further, That the Director of the Federal Prison System (FPS), where 
necessary, may enter into contracts with a fiscal agent/fiscal 
intermediary claims processor to determine the amounts payable to 
persons who, on behalf of the FPS, furnish health services to 
individuals committed to the custody of the FPS: Provided further, That 
uniforms may be purchased without regard to the general purchase price 
limitation for the current fiscal year: Provided further, That not to 
exceed $6,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed 
$50,000,000 for the activation of new facilities shall remain available 
until September 30, 1997: Provided further, That of the amounts 
provided for Contract Confinement, not to exceed $20,000,000 shall 
remain available until expended to make payments in advance for grants, 
contracts and reimbursable agreements and other expenses authorized by 
section 501(c) of the Refugee Education Assistance Act of 1980 for the 
care and security in the United States of Cuban and Haitian entrants: 
Provided further, That no funds appropriated in this Act shall be used 
to privatize any Federal prison facilities located in Forrest City, 
Arkansas, and Yazoo City, Mississippi.

                    violent crime reduction programs

    For substance abuse treatment in Federal prisons as authorized by 
section 32001(e) of Public Law 103-322, $13,500,000, to remain 
available until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund.

                   national institute of corrections

    For carrying out the provisions of sections 4351-4353 of title 18, 
United States Code, which established a National Institute of 
Corrections, and for the provision of technical assistance and advice 
on corrections related issues, $8,000,000, to remain available until 
expended.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; leasing the Oklahoma City Airport Trust Facility; purchase 
and acquisition of facilities and remodeling and equipping of such 
facilities for penal and correctional use, including all necessary 
expenses incident thereto, by contract or force account; and 
constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account; 
$349,410,000, to remain available until expended, of which not to 
exceed $14,074,000 shall be available to construct areas for inmate 
work programs: Provided, That labor of United States prisoners may be 
used for work performed under this appropriation: Provided further, 
That not to exceed 10 percent of the funds appropriated to ``Buildings 
and Facilities'' in this Act or any other Act may be transferred to 
``Salaries and Expenses,'' Federal Prison System upon notification by 
the Attorney General to the Committees on Appropriations of the House 
of Representatives and the Senate in compliance with provisions set 
forth in section 605 of this Act: Provided further, That of the total 
amount appropriated, not to exceed $22,351,000 shall be available for 
the renovation and construction of United States Marshals Service 
prisoner holding facilities.

                federal prison industries, incorporated

    The Federal Prison Industries, Incorporated, is hereby authorized 
to make such expenditures, within the limits of funds and borrowing 
authority available, and in accord with the law, and to make such 
contracts and commitments, without regard to fiscal year limitations as 
provided by section 9104 of title 31, United States Code, as may be 
necessary in carrying out the program set forth in the budget for the 
current fiscal year for such corporation, including purchase of (not to 
exceed five for replacement only) and hire of passenger motor vehicles.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

    Not to exceed $3,559,000 of the funds of the corporation shall be 
available for its administrative expenses, and for services as 
authorized by 5 U.S.C. 3109, to be computed on an accrual basis to be 
determined in accordance with the corporation's current prescribed 
accounting system, and such amounts shall be exclusive of depreciation, 
payment of claims, and expenditures which the said accounting system 
requires to be capitalized or charged to cost of commodities acquired 
or produced, including selling and shipping expenses, and expenses in 
connection with acquisition, construction, operation, maintenance, 
improvement, protection, or disposition of facilities and other 
property belonging to the corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by title I of the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended, and the Missing Children's Assistance Act, as 
amended, including salaries and expenses in connection therewith, and 
with the Victims of Crime Act of 1984, as amended, $102,345,000, to 
remain available until expended, as authorized by section 1001 of title 
I of the Omnibus Crime Control and Safe Streets Act, as amended by 
Public Law 102-534 (106 Stat. 3524).

          violent crime reduction programs, justice assistance

    For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be transferred to 
and merged with the ``Justice Assistance'' account) authorized by the 
Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-
322 (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended (``the 1968 Act''); and the Victims of Child Abuse 
Act of 1990, as amended (``the 1990 Act''), $242,900,000, to remain 
available until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund; of which $30,000,000 shall be for the Local Crime 
Prevention Block Grant Program, as authorized by section 30201 of the 
Violent Crime Control and Law Enforcement Act of 1994; $6,000,000 shall 
be for the Court Appointed Special Advocate Program, as authorized by 
section 218 of the 1990 Act; $750,000 for Child Abuse Training Programs 
for Judicial Personnel and Practitioners, as authorized by section 224 
of the 1990 Act; $130,000,000 for Grants to Combat Violence Against 
Women to States, units of local governments and Indian tribal 
governments, as authorized by section 1001(a)(18) of the 1968 Act; 
$28,000,000 for Grants to Encourage Arrest Policies to States, units of 
local governments and Indian tribal governments, as authorized by 
section 1001(a)(19) of the 1968 Act; $7,000,000 for Rural Domestic 
Violence and Child Abuse Enforcement Assistance Grants, as authorized 
by section 40295 of the 1994 Act; $1,000,000 for training programs to 
assist probation and parole officers who work with released sex 
offenders, as authorized by section 40152(c) of the Violent Crime 
Control and Law Enforcement Act of 1994; $500,000 for Federal victim's 
counselors, as authorized by section 40114 of that Act; $50,000 for 
grants for televised testimony, as authorized by section 1001(a)(7) of 
the Omnibus Crime Control and Safe Streets Act of 1968; $200,000 for 
the study of State databases on the incidence of sexual and domestic 
violence, as authorized by section 40292 of the Violent Crime Control 
and Law Enforcement Act of 1994; $1,500,000 for national stalker and 
domestic violence reduction, as authorized by section 40603 of that 
Act; $27,000,000 for grants for residential substance abuse treatment 
for State prisoners pursuant to section 1001(a)(17) of the 1968 Act; 
$10,000,000 for grants for rural drug enforcement assistance pursuant 
to section 1001(a)(9) of the 1968 Act; and $900,000 for the Missing 
Alzheimer's Disease Patient Alert Program, as authorized by section 
240001(d) of the 1994 Act: Provided further, That any balances for 
these programs shall be transferred to and merged with this 
appropriation.

               state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by part E of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968, as amended, for State and Local Narcotics Control 
and Justice Assistance Improvements, notwithstanding the provisions of 
section 511 of said Act, $300,000,000, to remain available until 
expended, as authorized by section 1001 of title I of said Act, as 
amended by Public Law 102-534 (106 Stat. 3524): Provided, That not more 
than $30,000,000 shall be made available to carry out the provisions of 
chapter A of subpart 2 of part E of title I of said Act, for 
discretionary grants under the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs: Provided further, That not more 
than $250,000,000 shall be made available to carry out the provisions 
of subpart 1, part E of title I of said Act, for formula grants under 
the Edward Byrne Memorial State and Local Law Enforcement Assistance 
Programs: Provided further, That balances of amounts appropriated prior 
to fiscal year 1995 under the authorities of this account shall be 
transferred to and merged with this account.
    To carry out chapter A of subpart 2 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968, for discretionary 
grants under the Edward Byrne Memorial State and Local Law Enforcement 
Assistance Programs, $50,000,000, which shall be derived from the 
Violent Crime Reduction Trust Fund.

   violent crime reduction programs, state and local law enforcement 
                               assistance

    For assistance (including amounts for administrative costs for 
management and administration, which amounts shall be transferred to 
and merged with the ``Justice Assistance'' account) authorized by the 
Violent Crime Control and Law Enforcement Act of 1994, Public Law 103-
322 (``the 1994 Act''); the Omnibus Crime Control and Safe Streets Act 
of 1968, as amended (``the 1968 Act''); and the Victims of Child Abuse 
Act of 1990, as amended (``the 1990 Act''), $3,097,100,000, to remain 
available until expended, which shall be derived from the Violent Crime 
Reduction Trust Fund; of which $1,690,000,000 shall be for Public 
Safety Partnership and Community Policing pursuant to title I of the 
Violent Crime Control and Law Enforcement Act of 1994; $100,000,000 
shall be for drug courts pursuant to title V of the 1994 Act; 
$25,000,000 for grants to upgrade criminal records, as authorized by 
section 106(b) of the Brady Handgun Violence Prevention Act of 1993, as 
amended, and section 4(b) of the National Child Protection Act of 1993; 
$225,000,000 as authorized by section 1001 of title I of the 1968 Act, 
which shall be available to carry out the provisions of subpart 1, part 
E of title I of the 1968 Act, notwithstanding section 511 of said Act, 
for the Edward Byrne Memorial State and Local Law Enforcement 
Assistance Programs; $300,000,000 for the State Criminal Alien 
Assistance Program, as authorized by section 242(j) of the Immigration 
and Nationality Act, as amended; $15,000,000 for Youthful Offender 
Incarceration Grants, as authorized by section 1001(a)(16) of the 1968 
Act; $2,000,000 for the Ounce of Prevention Council pursuant to 
subtitle A of title III of the Violent Crime Control and Law 
Enforcement Act (Public Law 103-322); $726,800,000 for Violent Offender 
Incarceration and Truth in Sentencing Incentive Grants pursuant to 
subtitle A of title II of the Violent Crime Control and Law Enforcement 
Act of 1994 (as amended by section 114 of this Act); $1,000,000 for 
grants to States and units of local government for projects to improve 
DNA analysis, as authorized by section 1001(a)(22) of the 1968 Act; 
$9,000,000 for Improved Training and Technical Automation Grants, as 
authorized by section 210501(c)(1) of the 1994 Act; $1,200,000 for Law 
Enforcement Family Support Programs, as authorized by section 
1001(a)(21) of the 1968 Act; $1,100,000 for Motor Vehicle Theft 
Prevention Programs, as authorized by section 220002(h) of the 1994 
Act; $1,000,000 for Gang Investigation Coordination and Information 
Collection, as authorized by section 150006 of the 1994 Act: Provided, 
That funds made available in fiscal year 1996 under subpart 1 of part E 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968, 
as amended, may be obligated for programs to assist States in the 
litigation processing of death penalty Federal habeas corpus petitions: 
Provided further, That any 1995 balances for these programs shall be 
transferred to and merged with this appropriation: Provided further, 
That if a unit of local government uses any of the funds made available 
under this title to increase the number of law enforcement officers, 
the unit of local government will achieve a net gain in the number of 
law enforcement officers who perform nonadministrative public safety 
service.

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $43,500,000, of which $43,500,000 shall be derived 
from discretionary grants provided under the Edward Byrne Memorial 
State and Local Law Enforcement Assistance Programs funded by the 
Violent Crime Reduction Trust Fund, to remain available until expended 
for intergovernmental agreements, including grants, cooperative 
agreements, and contracts, with State and local law enforcement 
agencies engaged in the investigation and prosecution of violent crimes 
and drug offenses in ``Weed and Seed'' designated communities, and for 
either reimbursements or transfers to appropriation accounts of the 
Department of Justice and other Federal agencies which shall be 
specified by the Attorney General to execute the ``Weed and Seed'' 
program strategy: Provided, That funds designated by Congress through 
language for other Department of Justice appropriation accounts for 
``Weed and Seed'' program activities shall be managed and executed by 
the Attorney General through the Executive Office for Weed and Seed: 
Provided further, That the Attorney General may direct the use of other 
Department of Justice funds and personnel in support of ``Weed and 
Seed'' program activities only after the Attorney General notifies the 
Committees on Appropriations of the House of Representatives and the 
Senate in accordance with section 605 of this Act.

                       juvenile justice programs

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Juvenile Justice and Delinquency Prevention Act of 
1974, as amended, including salaries and expenses in connection 
therewith to be transferred to and merged with the appropriations for 
Justice Assistance, $164,000,000, to remain available until expended, 
as authorized by section 299 of part I of title II and section 506 of 
title V of the Act, as amended by Public Law 102-586, of which: (1) 
$100,000,000 shall be available for expenses authorized by parts A, B, 
and C of title II of the Act; (2) $30,000,000 shall be available for 
expenses authorized by sections 281 and 282 of part D of title II of 
the Act for prevention and treatment programs relating to juvenile 
gangs, of which $20,000,000 shall be derived from the discretionary 
grants provided under the Edward Byrne Memorial State and Local Law 
Enforcement Assistance Programs funded by the Violent Crime Reduction 
Trust Fund; (3) $10,000,000 shall be available for expenses authorized 
by section 285 of part E of title II of the Act; (4) $4,000,000 shall 
be available for expenses authorized by part G of title II of the Act 
for juvenile mentoring programs; and (5) $20,000,000 shall be available 
for expenses authorized by title V of the Act for incentive grants for 
local delinquency prevention programs.
    In addition, for grants, contracts, cooperative agreements, and 
other assistance authorized by the Victims of Child Abuse Act of 1990, 
as amended, $4,500,000, to remain available until expended, as 
authorized by section 214B, of the Act: Provided, That balances of 
amounts appropriated prior to fiscal year 1995 under the authorities of 
this account shall be transferred to and merged with this account.

                    public safety officers benefits

    For payments authorized by part L of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796), as amended, such 
sums as are necessary, to remain available until expended, as 
authorized by section 6093 of Public Law 100-690 (102 Stat. 4339-4340), 
and, in addition, $2,134,000, to remain available until expended, for 
payments as authorized by section 1201(b) of said Act.

               General Provisions--Department of Justice

    Sec. 101. In addition to amounts otherwise made available in this 
title for official reception and representation expenses, a total of 
not to exceed $45,000 from funds appropriated to the Department of 
Justice in this title shall be available to the Attorney General for 
official reception and representation expenses in accordance with 
distributions, procedures, and regulations established by the Attorney 
General.
    Sec. 102. Subject to section 102(b) of the Department of Justice 
and Related Agencies Appropriations Act, 1993, as amended by section 
112 of this Act, authorities contained in Public Law 96-132, ``The 
Department of Justice Appropriation Authorization Act, Fiscal Year 
1980,'' shall remain in effect until the termination date of this Act 
or until the effective date of a Department of Justice Appropriation 
Authorization Act, whichever is earlier.
    Sec. 103. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 104. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 105. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 104 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 106. Notwithstanding any other provision of law, not to exceed 
$10,000,000 of the funds made available in the Act may be used to pay 
rewards and shall not be subject to spending limitations contained in 
sections 3059 and 3072 of title 18, United States Code: Provided, That 
any reward of $100,000 or more, up to a maximum of $2,000,000, may not 
be made without the personal approval of the President or the Attorney 
General and such approval may not be delegated.
    Sec. 107. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act, including those derived from the Violent Crime Reduction 
Trust Fund, may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, 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 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 108. For fiscal year 1996 and each fiscal year thereafter, 
amounts in the Federal Prison System's Commissary Fund, Federal 
Prisons, which are not currently needed for operations, shall be kept 
on deposit or invested in obligations of, or guaranteed by, the United 
States and all earnings on such investments shall be deposited in the 
Commissary Fund.
    Sec. 109. Section 524(c)(9) of title 28, United States Code, is 
amended by adding subparagraph (E), as follows:
    ``(E) Subject to the notification procedures contained in section 
605 of Public Law 103-121, and after satisfying the transfer 
requirement in subparagraph (B) of this paragraph, any excess 
unobligated balance remaining in the Fund on September 30, 1995 shall 
be available to the Attorney General, without fiscal year limitation, 
for any Federal law enforcement, litigative/prosecutive, and 
correctional activities, or any other authorized purpose of the 
Department of Justice. Any amounts provided pursuant to this 
subparagraph may be used under authorities available to the 
organization receiving the funds.''.
    Sec. 110. Hereafter, notwithstanding any other provision of law--
            (1) no transfers may be made from Department of Justice 
        accounts other than those authorized in this Act, or in 
        previous or subsequent appropriations Acts for the Department 
        of Justice, or in part II of title 28 of the United States 
        Code, or in section 10601 of title 42 of the United States 
        Code; and
            (2) no appropriation account within the Department of 
        Justice shall have its allocation of funds controlled by other 
        than an apportionment issued by the Office of Management and 
        Budget or an allotment advice issued by the Department of 
        Justice.
    Sec. 111. (a) Section 1930(a)(6) of title 28, United States Code, 
is amended by striking ``a plan is confirmed or''.
    (b) Section 589a(b)(5) of such title is amended by striking ``;'' 
and inserting, ``until a reorganization plan is confirmed;''.
    (c) Section 589a(f) of such title is amended--
            (1) in paragraph (2) by striking ``.'' and inserting, 
        ``until a reorganization plan is confirmed;'', and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) 100 percent of the fees collected under section 
        1930(a)(6) of this title after a reorganization plan is 
        confirmed.''.
    Sec. 112. Public Law 102-395, section 102 is amended as follows: 
(1) in subsection (b)(1) strike ``years 1993, 1994, and 1995'' and 
insert ``year 1996''; (2) in subsection (b)(1)(C) strike ``years 1993, 
1994, and 1995'' and insert ``year 1996''; and (3) in subsection 
(b)(5)(A) strike ``years 1993, 1994, and 1995'' and insert ``year 
1996''.
    Sec. 113. Public Law 101-515 (104 Stat. 2112; 28 U.S.C. 534 note) 
is amended by inserting ``and criminal justice information'' after 
``for the automation of fingerprint identification''.

SEC. 114. VIOLENT OFFENDER INCARCERATION AND TRUTH IN SENTENCING 
              GRANTS.

    Subtitle A of title II of the Violent Crime Control and Law 
Enforcement Act of 1994 is amended to read as follows:

 ``Subtitle A--Violent Offender Incarceration and Truth in Sentencing 
                            Incentive Grants

``SEC. 20101. GRANTS FOR CORRECTIONAL FACILITIES.

    ``(a) Grant Authorization.--The Attorney General may make grants to 
individual States and to States organized as multi-State compacts to 
construct, develop, expand, modify, operate, or improve correctional 
facilities, including prisons and jails, or boot camp facilities and 
other low cost correctional facilities for nonviolent offenders that 
can free conventional prison space for the confinement of violent 
offenders, to ensure that prison cell space is available for the 
confinement of violent offenders and to implement truth in sentencing 
laws for sentencing violent offenders.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
subtitle, a State or States organized as multi-State compacts shall 
submit an application to the Attorney General that includes--
            ``(1)(A) except as provided in subparagraph (B), assurances 
        that the State or States, have implemented, or will implement, 
        correctional policies and programs, including truth in 
        sentencing laws that ensure that violent offenders serve a 
        substantial portion of the sentences imposed, that are designed 
        to provide sufficiently severe punishment for violent 
        offenders, including violent juvenile offenders, and that the 
        prison time served is appropriately related to the 
        determination that the inmate is a violent offender and for a 
        period of time deemed necessary to protect the public;
            ``(B) in the case of a State that on the date of enactment 
        of the Department of Justice Appropriations Act, 1996 practices 
        indeterminant sentencing, a demonstration that average times 
        served for the offenses of murder, rape, robbery, and assault 
        in the State exceed by at least 10 percent the national average 
        of time served for such offenses in all of the States;
            ``(2) assurances that the State or States have implemented 
        policies that provide for the recognition of the rights and 
        needs of crime victims;
            ``(3) assurances that funds received under this section 
        will be used to construct, develop, expand, modify, operate, or 
        improve conventional correctional facilities;
            ``(4) assurances that the State or States have involved 
        counties and other units of local government, when appropriate, 
        in the construction, development, expansion, modification, 
        operation, or improvement of correctional facilities designed 
        to ensure the incarceration of violent offenders, and that the 
        State or States will share funds received under this section 
        with counties and other units of local government, taking into 
        account the burden placed on the units of local government when 
        they are required to confine sentenced prisoners because of 
        overcrowding in State prison facilities;
            ``(5) assurances that funds received under this section 
        will be used to supplement, not supplant, other Federal, State, 
        and local funds;
            ``(6) assurances that the State or States have implemented, 
        or will implement not later than 18 months after the date of 
        enactment of the Department of Justice Appropriations Act, 
        1996, policies to determine the veteran status of inmates and 
        to ensure that incarcerated veterans receive the veterans 
        benefits to which they are entitled; and
            ``(7) if applicable, documentation of the multi-State 
        compact agreement that specifies the construction, development, 
        expansion, modification, operation, or improvement of 
        correctional facilities.

``SEC. 20102. TRUTH IN SENTENCING INCENTIVE GRANTS.

    ``(a) Truth in Sentencing Grant Program.--Fifty percent of the 
total amount of funds appropriated to carry out this subtitle for each 
of fiscal years 1996, 1997, 1998, 1999, and 2000 shall be made 
available for truth in sentencing incentive grants. To be eligible to 
receive such a grant, a State must meet the requirements of section 
20101(b) and shall demonstrate that the State--
            ``(1) has in effect laws that require that persons 
        convicted of violent crimes serve not less than 85 percent of 
        the sentence imposed;
            ``(2) since 1993--
                    ``(A) has increased the percentage of convicted 
                violent offenders sentenced to prison;
                    ``(B) has increased the average prison time that 
                will be served in prison by convicted violent offenders 
                sentenced to prison; and
                    ``(C) has in effect at the time of application laws 
                requiring that a person who is convicted of a violent 
                crime shall serve not less than 85 percent of the 
                sentence imposed if--
                            ``(i) the person has been convicted on 1 or 
                        more prior occasions in a court of the United 
                        States or of a State of a violent crime or a 
                        serious drug offense; and
                            ``(ii) each violent crime or serious drug 
                        offense was committed after the defendant's 
                        conviction of the preceding violent crime or 
                        serious drug offense; or
            ``(3) in the case of a State that on the date of enactment 
        of the Department of Justice Appropriations Act, 1996 practices 
        indeterminant sentencing, a demonstration that average times 
        served for the offenses of murder, rape, robbery, and assault 
        in the State exceed by at least 10 percent the national average 
        of time served for such offenses in all of the States.
    ``(b) Allocation of Truth in Sentencing Incentive Funds.--The 
amount available to carry out this section for any fiscal year shall be 
allocated to each eligible State in the ratio that the number of part 1 
violent crimes reported by such State to the Federal Bureau of 
Investigation for the previous year bears to the number of part 1 
violent crimes reported by all States to the Federal Bureau of 
Investigation for the previous year.

``SEC. 20103. VIOLENT OFFENDER INCARCERATION GRANTS.

    ``(a) Violent Offender Incarceration Grant Program.--Fifty percent 
of the total amount of funds appropriated to carry out this subtitle 
for each of fiscal years 1996, 1997, 1998, 1999, and 2000 shall be made 
available for violent offender incarceration grants. To be eligible to 
receive such a grant, a State or States must meet the requirements of 
section 20101(b).
    ``(b) Allocation of Violent Offender Incarceration Funds.--Funds 
made available to carry out this section shall be allocated as follows:
            ``(1) 0.6 percent shall be allocated to each eligible 
        State, except that the United States Virgin Islands, American 
        Samoa, Guam, and the Northern Mariana Islands each shall be 
        allocated 0.05 percent.
            ``(2) The amount remaining after application of paragraph 
        (1) shall be allocated to each eligible State in the ratio that 
        the number of part 1 violent crimes reported by such State to 
        the Federal Bureau of Investigation for the previous year bears 
        to the number of part 1 violent crimes reported by all States 
        to the Federal Bureau of Investigation for the previous year.

``SEC. 20104. RULES AND REGULATIONS.

    ``(a) In General.--Not later than 90 days after the date of 
enactment of the Department of Justice Appropriations Act, 1996, the 
Attorney General shall issue rules and regulations regarding the uses 
of grant funds received under this subtitle.
    ``(b) Best Available Data.--If data regarding part 1 violent crimes 
in any State for the previous year is unavailable or substantially 
inaccurate, the Attorney General shall utilize the best available 
comparable data regarding the number of violent crimes for the previous 
year for the State for the purposes of allocation of funds under this 
subtitle.

``SEC. 20105. DEFINITIONS.

    ``In this subtitle--
            ``(1) the term `part 1 violent crimes' means murder and 
        non-negligent manslaughter, forcible rape, robbery, and 
        aggravated assault as reported to the Federal Bureau of 
        Investigation for purposes of the Uniform Crime Reports;
            ``(2) the term `State' or `States' means a State, the 
        District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands; and
            ``(3) the term `indeterminate sentencing' means a system by 
        which the court has discretion in imposing the actual length of 
        the sentence, up to the statutory maximum, and an 
        administrative agency, or the court, controls release between 
        court-ordered minimum and maximum sentence.''.

``SEC. 20106. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subtitle--
            ``(1) $1,000,000,000 for fiscal year 1996;
            ``(2) $1,150,000,000 for fiscal year 1997;
            ``(3) $2,100,000,000 for fiscal year 1998;
            ``(4) $2,200,000,000 for fiscal year 1999; and
            ``(5) $2,270,000,000 for fiscal year 2000.''.
    Sec. 115. Notwithstanding provisions of 41 U.S.C. 353 or any other 
provision of law, the Federal Prison System may enter into contracts 
and other agreements with private entities for the confinement of 
Federal prisoners for a period not to exceed 3 years and 7 additional 
option years.
    Sec. 116. Public Law 101-246 (104 Stat. 42) is amended by inserting 
``or Federal Bureau of Investigation'' after ``Drug Enforcement 
Administration''.
    Sec. 117. (a) Except as provided in subsection (b), the 
restrictions on the commercial sale of goods and services produced or 
provided by the Federal Prison Industries provided in section 1761 of 
title 18, United States Code, and any other provision of law shall not 
apply.
    (b) Goods or services may not be sold commercially pursuant to 
subsection (a) unless the President certifies that the sale of such 
goods or services will not result in the loss of jobs in the private 
sector or adversely effect the sale of private sector goods or services 
sold on a local or regional basis.
    (c) This section shall not be construed as authorizing the 
appropriations of any additional appropriations.
    Sec. 118. Provision Relating to Voter Registration.--(a) In 
General.--Subsection (b) of section 4 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-2(b)) is amended by striking 
``March 11, 1993'' each place it appears and inserting ``August 1, 
1994''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the provisions of the National Voter 
Registration Act of 1993.
    Sec. 119. (a) State Compatibility With Federal Bureau of 
Investigation Systems.--(1) The Attorney General shall make funds 
available to the chief executive officer of each State to carry out the 
activities described in paragraph (2).
    (2) Uses.--The executive officer of each State shall use the funds 
made available under this subsection in conjunction with units of local 
government, other States, or combinations thereof, to carry out all or 
part of a program to establish, develop, update, or upgrade--
            (A) computerized identification systems that are compatible 
        and integrated with the databases of the National Crime 
        Information Center of the Federal Bureau of Investigation;
            (B) ballistics identification programs that are compatible 
        and integrated with the Drugfire Program of the Federal Bureau 
        of Investigation;
            (C) the capability to analyze deoxyribonucleic acid (DNA) 
        in a forensic laboratory in ways that are compatible and 
        integrated with the combined DNA Identification System (CODIS) 
        of the Federal Bureau of Investigation; and
            (D) automated fingerprint identification systems that are 
        compatible and integrated with the Integrated Automated 
        Fingerprint Identification System (IAFIS) of the Federal Bureau 
        of Investigation.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State shall require that each person convicted of a felony 
of a sexual nature shall provide a sample of blood, saliva, or other 
specimen necessary to conduct a DNA analysis consistent with the 
standards established for DNA testing by the Director of the Federal 
Bureau of Investigation.
    (c) Interstate Compacts.--A State may enter into a compact or 
compacts with another State or States to carry out this section.
    (d) Allocation.--The Attorney General shall allocate the funds 
appropriated under subsection (e) to each State based on the following 
formula:
            (1) .25 percent shall be allocated to each of the 
        participating States.
            (2) Of the total funds remaining after the allocation under 
        paragraph (1), each State shall be allocated an amount that 
        bears the same ratio to the amount of such funds as the 
        population of such State bears to the population of all States.
    (e) Authorization of Appropriations.--There are hereby appropriated 
to carry out this section $60,000,000 for fiscal year 1996.

SEC. 120. EVALUATION OF CRIME PREVENTION PROGRAMS AND DEVELOPMENT OF 
              NATIONAL CRIME PREVENTION RESEARCH AND EVALUATION 
              STRATEGY

    (a) Evaluation of Crime Prevention Programs.--The Attorney General 
shall provide, directly or through grants and contracts, for the 
comprehensive and thorough evaluation of the effectiveness of the 
following programs funded by this title:
            (1) The Local Crime Prevention Block Grant program under 
        subtitle B of title III of the Violent Crime Control and Law 
        Enforcement Act of 1994.
            (2) The Weed and Seed Program.
            (3) The Youth Gangs Program under part D of title II of the 
        Juvenile Justice and Delinquency Prevention Act of 1974.
    (b) National Crime Prevention Research and Evaluation Strategy.--
            (1) Strategy.--Not later than 9 months after the date of 
        enactment of this Act, the Attorney General shall formulate and 
        publish a unified national crime prevention research and 
        evaluation strategy that will result in timely reports to 
        Congress and to State and local governments regarding the 
        impact and effectiveness of the crime and violence prevention 
        initiatives described in subsection (a).
            (2) Studies.--Consistent with the strategy developed 
        pursuant to paragraph (1), the Attorney General may use crime 
        prevention research and evaluation funds reserved under 
        subsection (e) to conduct studies and demonstrations regarding 
        the effectiveness of crime prevention programs and strategies 
        that are designed to achieve the same purposes as the programs 
        under this section, without regard to whether such programs 
        receive Federal funding.
    (c) Evaluation and Research Criteria.--
            (1) Independent evaluations and research.--Evaluations and 
        research studies conducted pursuant to this section shall be 
        independent in nature, and shall employ rigorous and 
        scientifically recognized standards and methodologies.
            (2) Content of evaluations.--Evaluations conducted pursuant 
        to this section shall include measures of--
                    (A) reductions in delinquency, juvenile crime, 
                youth gang activity, youth substance abuse, and other 
                high risk-factors;
                    (B) reductions in risk factors in young people that 
                contribute to juvenile violence, including academic 
                failure, excessive school absenteeism, and dropping out 
                of school;
                    (C) reductions in risk factors in the community, 
                schools, and family environments that contribute to 
                juvenile violence; and
                    (D) the increase in the protective factors that 
                reduce the likelihood of delinquency and criminal 
                behavior.
    (d) Compliance With Evaluation Mandate.--The Attorney General may 
require the recipients of Federal assistance under this Act to collect, 
maintain, and report information considered to be relevant to any 
evaluation conducted pursuant to subsection (a), and to conduct and 
participate in specified evaluation and assessment activities and 
functions.
    (e) Reservation of Funds for Evaluation and Research
            (1) In general.--The Attorney General shall reserve not 
        less than 2 percent, and not more than 3 percent, of the 
        amounts appropriated to carry out the programs described in 
        subsection (a) in each fiscal year to carry out the evaluation 
        and research required by this section.
            (2) Assistance to grantees and evaluated programs.--To 
        facilitate the conduct and defray the costs of crime prevention 
        program evaluation and research, the Attorney General shall use 
        funds reserved under this subsection to provide compliance 
        assistance to--
                    (A) grantees under this programs described in 
                subsection (a) who are selected to participate in 
                evaluations pursuant to subsection (d); and
                    (B) other agencies and organizations that are 
                requested to participate in evaluations and research 
                pursuant to subsection (b)(2).
    Sec. 121. Notwithstanding any other provision of law, a Federal, 
State, or local government agency may not use a voter registration card 
(or other related document) that evidences registration for an election 
for Federal office, as evidence to prove United States citizenship.
    Sec. 122. Notwithstanding any other provision of law, amounts 
appropriated for fiscal year 1996 under this Act to carry out section 
242(j) of the Immigration and Nationality Act shall be allocated by the 
Attorney General in a manner which ensures that each eligible State and 
political subdivision of a State shall be reimbursed for their total 
aggregate costs for the incarceration of undocumented criminal aliens 
during fiscal years 1995 and 1996 at the same pro rata rate.

SEC. 123. TRANSPORTATION OF ADMINISTRATOR OF THE DRUG ENFORCEMENT 
              ADMINISTRATION.

    Section 1344(b)(6) of title 31, United States Code, is amended to 
read as follows:
            ``(6) the Director of the Central Intelligence Agency, the 
        Director of the Federal Bureau of Investigation, and the 
        Administrator of the Drug Enforcement Administration;''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 1996''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative

                         salaries and expenses

    For necessary expenses of the Office of the United States Trade 
Representative, including the hire of passenger motor vehicles and the 
employment of experts and consultants as authorized by 5 U.S.C. 3109, 
$20,889,000, of which $2,500,000 shall remain available until expended: 
Provided, That not to exceed $98,000 shall be available for official 
reception and representation expenses.

                     International Trade Commission

                         salaries and expenses

    For necessary expenses of the International Trade Commission, 
including hire of passenger motor vehicles and services as authorized 
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and 
representation expenses, $34,000,000, to remain available until 
expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 1517; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding ten years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representation expenses 
abroad; purchase of passenger motor vehicles for official use abroad, 
not to exceed $30,000 per vehicle; obtain insurance on official motor 
vehicles; and rent tie lines and teletype equipment; $266,079,000, to 
remain available until expended: Provided, That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities without 
regard to 15 U.S.C. 4912; and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational and 
Cultural Exchange Act shall include payment for assessments for 
services provided as part of these activities.

                         Export Administration

                     operations and administration

    For necessary expenses for export administration and national 
security activities of the Department of Commerce, including costs 
associated with the performance of export administration field 
activities both domestically and abroad; full medical coverage for 
dependent members of immediate families of employees stationed 
overseas; employment of Americans and aliens by contract for services 
abroad; rental of space abroad for periods not exceeding ten years, and 
expenses of alteration, repair, or improvement; payment of tort claims, 
in the manner authorized in the first paragraph of 28 U.S.C. 2672 when 
such claims arise in foreign countries; not to exceed $15,000 for 
official representation expenses abroad; awards of compensation to 
informers under the Export Administration Act of 1979, and as 
authorized by 22 U.S.C. 401(b); purchase of passenger motor vehicles 
for official use and motor vehicles for law enforcement use with 
special requirement vehicles eligible for purchase without regard to 
any price limitation otherwise established by law; $38,604,000, to 
remain available until expended: Provided, That the provisions of the 
first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities.

                  Economic Development Administration

                economic development assistance programs

    For grants for economic development assistance as provided by the 
Public Works and Economic Development Act of 1965, as amended, Public 
Law 91-304, and such laws that were in effect immediately before 
September 30, 1982, $89,000,000, $7,500,000 of which shall be for trade 
adjustment assistance: Provided, That none of the funds appropriated or 
otherwise made available under this heading may be used directly or 
indirectly for attorneys' or consultants' fees in connection with 
securing grants and contracts made by the Economic Development 
Administration: Provided further, That, notwithstanding any other 
provision of law, the Secretary of Commerce may provide financial 
assistance for projects to be located on military installations closed 
or scheduled for closure or realignment to grantees eligible for 
assistance under the Public Works and Economic Development Act of 1965, 
as amended, without it being required that the grantee have title or 
ability to obtain a lease for the property, for the useful life of the 
project, when in the opinion of the Secretary of Commerce, such 
financial assistance is necessary for the economic development of the 
area: Provided further, That the Secretary of Commerce may, as the 
Secretary considers appropriate, consult with the Secretary of Defense 
regarding the title to land on military installations closed or 
scheduled for closure or realignment.

                         salaries and expenses

    For necessary expenses of administering the economic development 
assistance programs as provided for by law, $11,000,000: Provided, That 
these funds may be used to monitor projects approved pursuant to title 
I of the Public Works Employment Act of 1976, as amended, title II of 
the Trade Act of 1974, as amended, and the Community Emergency Drought 
Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

    The following sum is appropriated for Minority Business Development 
in addition to such sums provided elsewhere in this Act, $32,789,000.
    Of the unobligated balances contained in this account, $1,000,000 
shall be transferred to the Commerce Reorganization Transition Fund.

            United States Travel and Tourism Administration

                         salaries and expenses

    For necessary expenses of the United States Travel and Tourism 
Administration, for implementing the recommendations from the White 
House Conference on Travel and Tourism and for carrying out the 
transition of that Administration into a public-private partnership, 
$12,000,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         salaries and expenses

    For necessary expenses, as authorized by law, of economic and 
statistical analysis programs of the Department of Commerce, 
$46,896,000, to remain available until September 30, 1997.

         economics and statistics administration revolving fund

    The Secretary of Commerce is authorized to disseminate economic and 
statistical data products as authorized by 15 U.S.C. 1525-1527 and, 
notwithstanding 15 U.S.C. 4912, charge fees necessary to recover the 
full costs incurred in their production. Notwithstanding 31 U.S.C. 
3302, receipts received from these data dissemination activities shall 
be credited to this account, to be available for carrying out these 
purposes without further appropriation.

                          Bureau of the Census

                         salaries and expenses

    For expenses necessary for collecting, compiling, analyzing, 
preparing, and publishing statistics, provided for by law, 
$133,812,000.

                     periodic censuses and programs

    For expenses necessary to collect and publish statistics for 
periodic censuses and programs provided for by law, $193,450,000, to 
remain available until expended.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration, $8,000,000, to 
remain available until expended: Provided, That notwithstanding 31 
U.S.C. 1535(d), the Secretary of Commerce is authorized to retain and 
use as offsetting collections all funds transferred, or previously 
transferred, from other Government agencies for spectrum management, 
analysis, and operations and for all costs incurred in 
telecommunications research, engineering, and related activities by the 
Institute for Telecommunication Sciences of the NTIA in furtherance of 
its assigned functions under this paragraph and such funds received 
from other Government agencies shall remain available until expended.

                          (transfer of funds)

    For spectrum management, $9,000,000 shall be made available until 
expended to be derived by transfer from unobligated balances of the 
Working Capital Fund in the Department of Justice.

       public broadcasting facilities, planning and construction

    For grants authorized by section 392 of the Communications Act of 
1934, as amended, $10,000,000, to remain available until expended as 
authorized by section 391 of the Act, as amended: Provided, That not to 
exceed $2,200,000 shall be available for program administration as 
authorized by section 391 of the Act: Provided further, That 
notwithstanding the provisions of section 391 of the Act, the prior 
year unobligated balances may be made available for grants for projects 
for which applications have been submitted and approved during any 
fiscal year.

                   information infrastructure grants

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

                      Patent and Trademark Office

                         salaries and expenses

    For necessary expenses of the Patent and Trademark Office provided 
for by law, including defense of suits instituted against the 
Commissioner of Patents and Trademarks; $82,324,000, to remain 
available until expended: Provided, That the funds made available under 
this heading are to be derived from deposits in the Patent and 
Trademark Office Fee Surcharge Fund as authorized by law: Provided 
further, That the amounts made available under the Fund shall not 
exceed amounts deposited; and such fees as shall be collected pursuant 
to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376, shall remain available 
until expended.

                         Science and Technology

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $222,737,000, to remain available until expended, of which 
not to exceed $8,500,000 may be transferred to the ``Working Capital 
Fund'', and of which $1,200,000 shall be available for continuation of 
the program to integrate energy efficient building technology with the 
use of structural materials made from underutilized or waste products.

                     industrial technology services

    For necessary expenses of the Manufacturing Extension Partnership 
of the National Institute of Standards and Technology and the Advanced 
Technology Program, $101,600,000, to remain available until expended, 
of which not to exceed $500,000 may be transferred to the ``Working 
Capital Fund'': Provided, That none of the funds made available under 
this heading in this or any other Act may be used for the purposes of 
carrying out additional program competitions under the Advanced 
Technology Program: Provided further, That any unobligated balances 
available from carryover of prior year appropriations under the 
Advanced Technology Program may be used only for the purposes of 
providing continuation grants: Provided further, That of the amounts 
provided in this paragraph $76,300,000 is for the Manufacturing 
Extension Partnership program.

                  construction of research facilities

    For renovation of existing facilities, not otherwise provided for 
the National Institute of Standards and Technology, as authorized by 15 
U.S.C. 278c-278e, $27,000,000, to remain available until expended.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including acquisition, 
maintenance, operation, and hire of aircraft; not to exceed 358 
commissioned officers on the active list; grants, contracts, or other 
payments to nonprofit organizations for the purposes of conducting 
activities pursuant to cooperative agreements; and alteration, 
modernization, and relocation of facilities as authorized by 33 U.S.C. 
883i; $1,809,092,000, to remain available until expended: Provided, 
That notwithstanding 31 U.S.C. 3302 but consistent with other existing 
law, fees shall be assessed, collected, and credited to this 
appropriation as offsetting collections to be available until expended, 
to recover the costs of administering aeronautical charting programs: 
Provided further, That the sum herein appropriated from the general 
fund shall be reduced as such additional fees are received during 
fiscal year 1996, so as to result in a final general fund appropriation 
estimated at not more than $1,806,092,000: Provided further, That any 
such additional fees received in excess of $3,000,000 in fiscal year 
1996 shall not be available for obligation until October 1, 1996: 
Provided further, That fees and donations received by the National 
Ocean Service for the management of the national marine sanctuaries may 
be retained and used for the salaries and expenses associated with 
those activities, notwithstanding 31 U.S.C. 3302: Provided further, 
That in addition, $62,000,000 shall be derived by transfer from the 
fund entitled ``Promote and Develop Fishery Products and Research 
Pertaining to American Fisheries'': Provided further, That grants to 
States pursuant to sections 306 and 306(a) of the Coastal Zone 
Management Act, as amended, shall not exceed $2,000,000: Provided 
further, That the National Weather Service shall expend not more than 
$700,000 to operate and maintain agricultural weather service centers.

                      coastal zone management fund

    Of amounts collected pursuant to 16 U.S.C. 1456a, not to exceed 
$7,800,000, for purposes set forth in 16 U.S.C. 1456a(b)(2)(A), 16 
U.S.C. 1456a(b)(2)(B)(v), and 16 U.S.C. 1461(e).

                              construction

    For repair and modification of, and additions to, existing 
facilities and construction of new facilities, and for facility 
planning and design and land acquisition not otherwise provided for the 
National Oceanic and Atmospheric Administration, $50,000,000, to remain 
available until expended.

            fleet modernization, shipbuilding and conversion

    For expenses necessary for the repair of vessels, including related 
equipment to maintain the existing fleet for the National Oceanic and 
Atmospheric Administration, $8,000,000, to remain available until 
expended.

            fishing vessel and gear damage compensation fund

    For carrying out the provisions of section 3 of Public Law 95-376, 
not to exceed $1,032,000, to be derived from receipts collected 
pursuant to 22 U.S.C. 1980 (b) and (f), to remain available until 
expended.

                      fishermen's contingency fund

    For carrying out the provisions of title IV of Public Law 95-372, 
not to exceed $999,000, to be derived from receipts collected pursuant 
to that Act, to remain available until expended.

                     foreign fishing observer fund

    For expenses necessary to carry out the provisions of the Atlantic 
Tunas Convention Act of 1975, as amended (Public Law 96-339), the 
Magnuson Fishery Conservation and Management Act of 1976, as amended 
(Public Law 100-627) and the American Fisheries Promotion Act (Public 
Law 96-561), there are appropriated from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $196,000, to remain available until expended.

                 fishing vessel obligations guarantees

    For the cost, as defined in section 502 of the Federal Credit 
Reform Act of 1990, of guaranteed loans authorized by the Merchant 
Marine Act of 1936, as amended, $250,000: Provided, That none of the 
funds made available under this heading may be used to guarantee loans 
for the purchase of any new or existing fishing vessel.

                       Technology Administration

       Under Secretary for Technology/Office of Technology Policy

                         salaries and expenses

    For necessary expenses for the Under Secretary for Technology/
Office of Technology Policy, $5,000,000.

                         General Administration

                         salaries and expenses

    For expenses necessary for the general administration of the 
Department of Commerce provided for by law, including not to exceed 
$3,000 for official entertainment, $29,100,000.

                      office of inspector general

    For necessary expenses of the Office of Inspector General 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), 
$19,849,000.

                commerce reorganization transition fund

    For deposit in the Commerce Reorganization Transition Fund 
established under section 206(c)(1) of this Act for use in accordance 
with section 206(c)(4) of this Act, $20,000,000, in addition to amounts 
made available by transfer, which amount shall remain available until 
expended: Provided, That of these funds $4,000,000 shall be remitted to 
the Office of Personnel Management for deposit in the Treasury of the 
United States to the credit of the Civil Service Retirement and 
Disability Fund.

               General Provisions--Department of Commerce

    Sec. 201. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act 
shall be available for the activities specified in the Act of October 
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for 
advanced payments not otherwise authorized only upon the certification 
of officials designated by the Secretary that such payments are in the 
public interest.
    Sec. 202. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 203. None of the funds made available by this Act may be used 
to support the hurricane reconnaissance aircraft and activities that 
are under the control of the United States Air Force or the United 
States Air Force Reserve.
    Sec. 204. None of the funds provided in this or any previous Act, 
or hereinafter made available to the Department of Commerce shall be 
available to reimburse the Unemployment Trust Fund or any other fund or 
account of the Treasury to pay for any expenses paid before October 1, 
1992, as authorized by section 8501 of title 5, United States Code, for 
services performed after April 20, 1990, by individuals appointed to 
temporary positions within the Bureau of the Census for purposes 
relating to the 1990 decennial census of population.
    Sec. 205. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between 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 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

SEC. 206. CONSOLIDATION OF FUNCTIONS OF COMMERCE DEPARTMENT.

    (a) Consolidation.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Director of the Office of Management and Budget shall, 
        in consultation with the Secretary of Commerce--
                    (A) abolish, reorganize, consolidate, or transfer 
                such functions that either receive funding or are 
                eliminated under this title as the Director considers 
                appropriate in order to meet the requirements and 
                limitations set forth in this title; and
                    (B) terminate or transfer such personnel associated 
                with such functions as the Director considers 
                appropriate in order to meet such requirements and 
                limitations.
            (2) Transition rules.--The Director of the Office of 
        Management and Budget shall establish such rules and procedures 
        relating to the abolishment, reorganization, consolidation, or 
        transfer of functions under this subsection as the Director 
        considers appropriate, including rules and procedures relating 
        to the rights and responsibilities of personnel of the 
        Government terminated, transferred, or otherwise affected by 
        such the abolishment, reorganization, consolidation, or 
        transfer.
    (b) Buy Out Authority.--
            (1) In general.--The Secretary of Commerce may, for such 
        officers and employees as the Secretary considers appropriate 
        as part of the activities of the Secretary under subsection 
        (a), authorize a payment to officers and employees who 
        voluntarily separate on or before December 15, 1995, whether by 
        retirement or resignation.
            (2) Payment requirement.--Payment under paragraph (1) shall 
        be paid in accordance with the provisions of sections 3 and 4 
        of the Federal Workforce Restructuring Act of 1994 (Public Law 
        103-226; 108 Stat. 111), except that an employee of the agency 
        shall be deemed to be eligible for payment of a voluntary 
        separation incentive payment under that section if the employee 
        separates from service with the agency during the period 
        beginning on the date of enactment of this Act and ending on 
        December 15, 1995.
            (3) Funding.--
                    (A) In general.--The payment of voluntary 
                separation incentive payments under this subsection 
                shall be made from funds in the Commerce Reorganization 
                Transition Fund established under subsection (c).
                    (B) Payment dependent on funding.--The Secretary of 
                Commerce may not pay voluntary separation incentive 
                payments under this subsection unless sufficient funds 
                are available in the Commerce Reorganization Fund to 
                cover the cost of such payments and the costs of any 
                other payments (including payments or deposits to 
                retirement systems) required in relation to such 
                payments.
    (c) Commerce Reorganization Transition Fund.--
            (1) Establishment.--There is hereby established on the 
        books of the Treasury an account to be known as the ``Commerce 
        Reorganization Transition Fund''.
            (2) Purpose.--The purpose of the account is to provide 
        funds for the following:
                    (A) To cover the costs of actions relating to the 
                abolishment, reorganization, consolidation, or transfer 
                of functions under subsection (a).
                    (B) To the cover the costs of the payment of 
                payments under subsection (b), including any payments 
                or deposits to retirement systems required in relation 
                to such payment.
            (3) Deposits.--There shall be deposited into the account 
        such sums as may be appropriated or transferred to the account.
            (4) Use of funds.--Sums in the account shall be available 
        for the purpose set forth in paragraph (2).
            (5) Report on account.--Not later than October 1, 1997, the 
        Secretary of Commerce shall transmit to the Committees on 
        Appropriations and Commerce, Science, and Transportation of the 
        Senate and the Committees on Appropriations and Government 
        Reform and Oversight of the House of Representatives a report 
        containing an accounting of the expenditures from the account 
        established under this subsection.

SEC. 207. REPORT ON THE DOPPLER WEATHER SURVEILLANCE RADAR.

    (a) Study Required.--The Secretary of Commerce shall conduct a 
study on the Doppler weather surveillance radar (WSR-88D). The study 
shall include the following elements:
            (1) An analysis of the property value lost by property 
        owners within 5 miles of the weather surveillance radar as a 
        result of the construction of the weather surveillance radar.
            (2) A statement of the cost of relocating a weather 
        surveillance radar to another location in any case in which the 
        Department has been asked to investigate such a relocation.
    (b) Report.--The Secretary shall submit to Congress a report on the 
study required under section (a) not later than 90 days after the date 
of enactment of this Act.
    Sec. 208. None of the funds appropriated under this Act or any 
other law shall be used to implement subsections (a), (b), (c), (e), 
(g), or (i) of section 4 of the Endangered Species Act of 1973 (16 
U.S.C. 1533), until such time as legislation reauthorizing the Act is 
enacted or until the end of fiscal year 1996, whichever is earlier, 
except that monies appropriated under this Act may be used to delist or 
reclassify species pursuant to subsections 4(a)(2)(B), 4(c)(2)(B)(i), 
and 4(c)(2)(B)(ii) of the Act.

SEC. 209. TRANSFER OF TITLE TO THE RUTLAND CITY INDUSTRIAL COMPLEX.

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

SEC. 210. LAND TRANSFER.

    (a) In General.--The Secretary of Commerce, acting through the 
Assistant Secretary for Economic Development of the Department of 
Commerce, shall--
            (1) not later than January 1, 1996, commence the demolition 
        of the structures on, and the cleanup and environmental 
        remediation on, the parcel of land described in subsection (b);
            (2) not later than March 31, 1996, complete the demolition, 
        cleanup, and environmental remediation under paragraph (1); and
            (3) not later than April 1, 1996, convey the parcel of land 
        described in subsection (b), in accordance with the 
        requirements of section 120(h) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9620(h)), to the Tuscaloosa County Industrial 
        Development Authority, on receipt of payment of the fair market 
        value for the parcel by the Authority, as agreed on by the 
        Secretary and the Authority.
    (b) Land Parcel.--The parcel of land referred to in subsection (a) 
is the parcel of land consisting of approximately 41 acres in Holt, 
Alabama (in Tuscaloosa County), that is generally known as the 
``Central Foundry Property'', as depicted on a map, and as described in 
a legal description, that the Secretary, acting through the Assistant 
Secretary for Economic Development, determines to be satisfactory.

SEC. 211. SENSE OF THE CONGRESS ON ECONOMIC DEVELOPMENT ADMINISTRATION.

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

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

    For expenses necessary for the operation of the Supreme Court, as 
required by law, excluding care of the building and grounds, including 
purchase or hire, driving, maintenance and operation of an automobile 
for the Chief Justice, not to exceed $10,000 for the purpose of 
transporting Associate Justices, and hire of passenger motor vehicles 
as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
official reception and representation expenses; and for miscellaneous 
expenses, to be expended as the Chief Justice may approve, $25,834,000.

                    care of the building and grounds

    For such expenditures as may be necessary to enable the Architect 
of the Capitol to carry out the duties imposed upon him by the Act 
approved May 7, 1934 (40 U.S.C. 13a-13b), $3,313,000, of which $565,000 
shall remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

    For salaries of the chief judge, judges, and other officers and 
employees, and for necessary expenses of the court, as authorized by 
law, $14,288,000.

               United States Court of International Trade

                         salaries and expenses

    For salaries of the chief judge and eight judges, salaries of the 
officers and employees of the court, services as authorized by 5 U.S.C. 
3109, and necessary expenses of the court, as authorized by law, 
$10,859,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

    For the salaries of circuit and district judges (including judges 
of the territorial courts of the United States), justices and judges 
retired from office or from regular active service, judges of the 
United States Court of Federal Claims, bankruptcy judges, magistrate 
judges, and all other officers and employees of the Federal Judiciary 
not otherwise specifically provided for, and necessary expenses of the 
courts, as authorized by law, $2,446,194,665 (including the purchase of 
firearms and ammunition); of which not to exceed $13,454,000 shall 
remain available until expended for space alteration projects; of which 
not to exceed $10,000,000 shall remain available until expended for 
furniture and furnishings related to new space alteration and 
construction projects; and of which $500,000 is to remain available 
until expended for acquisition of books, periodicals, and newspapers, 
and all other legal reference materials, including subscriptions.
    In addition, for expenses of the United States Court of Federal 
Claims associated with processing cases under the National Childhood 
Vaccine Injury Act of 1986, not to exceed $2,318,000, to be 
appropriated from the Vaccine Injury Compensation Trust Fund.

                    violent crime reduction programs

    For activities of the Federal Judiciary as authorized by law, 
$30,000,000, to remain available until expended, which shall be derived 
from the Violent Crime Reduction Trust Fund, as authorized by section 
190001(a) of Public Law 103-322.

                           defender services

    For the operation of Federal Public Defender and Community Defender 
organizations, the compensation and reimbursement of expenses of 
attorneys appointed to represent persons under the Criminal Justice Act 
of 1964, as amended, the compensation and reimbursement of expenses of 
persons furnishing investigative, expert and other services under the 
Criminal Justice Act (18 U.S.C. 3006A(e)), the compensation (in 
accordance with Criminal Justice Act maximums) and reimbursement of 
expenses of attorneys appointed to assist the court in criminal cases 
where the defendant has waived representation by counsel, the 
compensation and reimbursement of travel expenses of guardians ad litem 
acting on behalf of financially eligible minor or incompetent offenders 
in connection with transfers from the United States to foreign 
countries with which the United States has a treaty for the execution 
of penal sentences, and the compensation of attorneys appointed to 
represent jurors in civil actions for the protection of their 
employment, as authorized by 28 U.S.C. 1875(d), $274,433,000, to remain 
available until expended as authorized by 18 U.S.C. 3006A(i): Provided, 
That none of the funds provided in this Act shall be available for 
Death Penalty Resource Centers or Post-Conviction Defender 
Organizations after April 1, 1996.

                    fees of jurors and commissioners

    For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and 
1876; compensation of jury commissioners as authorized by 28 U.S.C. 
1863; and compensation of commissioners appointed in condemnation cases 
pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28 
U.S.C. Appendix Rule 71A(h)); $59,028,000, to remain available until 
expended: Provided, That the compensation of land commissioners shall 
not exceed the daily equivalent of the highest rate payable under 
section 5332 of title 5, United States Code.

                             court security

    For necessary expenses, not otherwise provided for, incident to the 
procurement, installation, and maintenance of security equipment and 
protective services for the United States Courts in courtrooms and 
adjacent areas, including building ingress-egress control, inspection 
of packages, directed security patrols, and other similar activities as 
authorized by section 1010 of the Judicial Improvement and Access to 
Justice Act (Public Law 100-702); $102,000,000, to be expended directly 
or transferred to the United States Marshals Service which shall be 
responsible for administering elements of the Judicial Security Program 
consistent with standards or guidelines agreed to by the Director of 
the Administrative Office of the United States Courts and the Attorney 
General.

           Administrative Office of the United States Courts

                         salaries and expenses

    For necessary expenses of the Administrative Office of the United 
States Courts as authorized by law, including travel as authorized by 
31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31 
U.S.C. 1343(b), advertising and rent in the District of Columbia and 
elsewhere, $47,500,000, of which not to exceed $7,500 is authorized for 
official reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

    For necessary expenses of the Federal Judicial Center, as 
authorized by Public Law 90-219, $17,000,000; of which $1,800,000 shall 
remain available through September 30, 1997, to provide education and 
training to Federal court personnel; and of which not to exceed $1,000 
is authorized for official reception and representation expenses.

                       Judicial Retirement Funds

                    payment to judiciary trust funds

    For payment to the Judicial Officers' Retirement Fund, as 
authorized by 28 U.S.C. 377(o), $24,000,000, to the Judicial Survivors' 
Annuities Fund, as authorized by 28 U.S.C. 376(c), $7,000,000, and to 
the United States Court of Federal Claims Judges' Retirement Fund, as 
authorized by 28 U.S.C. 178(l), $1,900,000.

                  United States Sentencing Commission

                         salaries and expenses

    For the salaries and expenses necessary to carry out the provisions 
of chapter 58 of title 28, United States Code, $8,500,000, of which not 
to exceed $1,000 is authorized for official reception and 
representation expenses.

                   General Provisions--The Judiciary

    Sec. 301. Appropriations and authorizations made in this title 
which are available for salaries and expenses shall be available for 
services as authorized by 5 U.S.C. 3109.
    Sec. 302. Appropriations made in this title shall be available for 
salaries and expenses of the Special Court established under the 
Regional Rail Reorganization Act of 1973, Public Law 93-236.
    Sec. 303. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Judiciary in this Act may 
be transferred between such appropriations, but no such appropriation, 
except as otherwise specifically provided, 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 of this Act and shall not be available for obligation 
or expenditure except in compliance with the procedures set forth in 
that section.
    Sec. 304. Notwithstanding any other provision of law, the salaries 
and expenses appropriation for district courts, courts of appeals, and 
other judicial services shall be available for official reception and 
representation expenses of the Judicial Conference of the United 
States: Provided, That such available funds shall not exceed $10,000 
and shall be administered by the Director of the Administrative Office 
of the United States Courts in his capacity as Secretary of the 
Judicial Conference.
    Sec. 305. (a) Notwithstanding any other provision of law, none of 
the funds made available under this title shall be used for any 
conference or meeting authorized under section 333 of title 28, United 
States Code, if such conference or meeting takes place at a location 
outside the geographic boundaries of the circuit court of appeals over 
which the chief judge presides, except in the case of the Court of 
Appeals for the District of Columbia Circuit, which shall be permitted 
to host conferences or meetings within a 50 mile radius of the District 
of Columbia without regard to the geographic boundaries of the circuit.
    (b) Of the funds appropriated under this title, no circuit shall 
receive more than $100,000 for conferences convened under section 333 
of title 28, United States Code, during any year.
    Sec. 306. (a) Section 333 of title 28, United States Code, is 
amended--
            (1) in the first paragraph, by striking ``shall'' the 
        first, second, and fourth place it appears and inserting 
        ``may''; and
            (2) in the second paragraph--
                    (A) by striking ``shall'' the first place it 
                appears and inserting ``may''; and
                    (B) by striking ``, and unless excused by the chief 
                judge, shall remain throughout the conference''.
    (b) In the interest of saving taxpayer dollars and reducing the 
cost of Government, it is the sense of the Senate that the chief judges 
of the various United States circuit courts should use new 
communications technologies to conduct judicial conferences.
    (c) This section shall apply only to contracts entered into after 
the date of enactment of this Act.

SEC. 307. DISAPPROVAL OF AMENDMENTS RELATING TO LOWERING OF CRACK 
              SENTENCES AND SENTENCES FOR MONEY LAUNDERING AND 
              TRANSACTIONS IN PROPERTY DERIVED FROM UNLAWFUL ACTIVITY.

    In accordance with section 994(p) of title 28, United States Code, 
amendments numbered 5 and 18 of the ``Amendments to the Sentencing 
Guidelines, Policy Statements, and Official Commentary'', submitted by 
the United States Sentencing Commission to Congress on May 1, 1995, are 
hereby disapproved and shall not take effect.
    Sec. 308. Of the funds made available under this Act or any other 
Act, no funds shall be expended by the Director of the Administrative 
Office of the United States Courts to implement the National Fine 
Center prior to March 1, 1996, except for the funds necessary to 
maintain National Fine Center services at their current level, to 
complete the conversion of existing cases for the courts participating 
in the National Fine Center as of the date of enactment of this Act, 
and to complete the Linked Area network pilot projects in progress as 
of the date of enactment of this Act.
    This title may be cited as ``The Judiciary Appropriations Act, 
1996''.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, including expenses authorized by 
the State Department Basic Authorities Act of 1956, as amended; 
representation to certain international organizations in which the 
United States participates pursuant to treaties, ratified pursuant to 
the advice and consent of the Senate, or specific Acts of Congress; 
acquisition by exchange or purchase of passenger motor vehicles as 
authorized by 31 U.S.C. 1343, 40 U.S.C. 481(c) and 22 U.S.C. 2674; and 
for expenses of general administration $1,687,800,000: Provided, That, 
notwithstanding the second sentence of section 140(a)(3) of the Foreign 
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
103-236), not to exceed $125,000,000 of fees may be collected during 
fiscal year 1996 under the authority of section 140(a)(1) of that Act: 
Provided further, That all fees collected under the preceding proviso 
shall be deposited in fiscal year 1996 as an offsetting collection to 
appropriations made under this heading to recover the costs of 
providing consular services and shall remain available until expended: 
Provided further, That starting in fiscal year 1997, a system shall be 
in place that allocates to each department and agency the full cost of 
its presence outside of the United States: Provided further, That by 
May 31, 1996, the State Department will report to the President and to 
Congress on potential cost savings generated by extending foreign 
service officer tours of duty in nations for which the State Department 
requires two-year language study programs, but specifically including 
China, Korea, and Japan. This study should consider extending terms on 
the following basis: junior officers from the current two year maximum 
term to a three-year tour; and mid to senior foreign service officers 
from the current three year minimum term to four year minimum with a 
possible employee-initiated one year extension.
    Of the funds provided under this heading, $24,856,000 shall be 
available only for the Diplomatic Telecommunications Service for 
operation of existing base services and not to exceed $17,144,000 shall 
be available only for the enhancement of the Diplomatic 
Telecommunications Service (DTS), except that such latter amount shall 
not be available for obligation until the expiration of the 15-day 
period beginning on the date on which the Secretary of State and the 
Director of the Diplomatic Telecommunications Service Program Office 
submit the DTS pilot program report required by section 507 of Public 
Law 103-317.
    In addition, not to exceed $700,000 in registration fees collected 
pursuant to section 38 of the Arms Export Control Act, as amended, may 
be used in accordance with section 45 of the State Department Basic 
Authorities Act of 1956, 22 U.S.C. 2717; and in addition not to exceed 
$1,223,000 shall be derived from fees from other executive agencies for 
lease or use of facilities located at the International Center in 
accordance with section 4 of the International Center Act (Public Law 
90-553, as amended by section 120 of Public Law 101-246); and in 
addition not to exceed $15,000 which shall be derived from 
reimbursements, surcharges, and fees for use of Blair House facilities 
in accordance with section 46 of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2718(a)).
    Notwithstanding section 402 of this Act, not to exceed 20 percent 
of the amounts made available in this Act in the appropriation 
accounts, ``Diplomatic and Consular Programs'' and ``Salaries and 
Expenses'' under the heading ``Administration of Foreign Affairs'' may 
be transferred between such appropriation accounts: Provided, That any 
transfer pursuant to this section shall be treated as a reprogramming 
of funds under section 605 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    For an additional amount for security enhancements, to counter the 
threat of terrorism, $9,720,000, to remain available until expended.

                         salaries and expenses

    For expenses necessary for the general administration of the 
Department of State and the Foreign Service, provided for by law, 
including expenses authorized by section 9 of the Act of August 31, 
1964, as amended (31 U.S.C. 3721), and the State Department Basic 
Authorities Act of 1956, as amended, $368,000,000.
    For an additional amount for security enhancements to counter the 
threat of terrorism, $1,870,000, to remain available until expended.

             foreign affairs reorganization transition fund

    For deposit in the Foreign Affairs Reorganization Transition Fund 
established under section 404(c)(1) of this Act for use in accordance 
with section 404(c)(4) of this Act, $5,000,000 to remain available 
until expended: Provided, That of these funds, $3,000,000 shall be 
remitted to the Office of Personnel Management for deposit in the 
Treasury of the United States to the credit of the Civil Service 
Retirement and Disability Fund: Provided further, That of these funds 
$1,000,000 shall be remitted to the Office of Personnel Management for 
deposit in the Treasury of the United States to the credit of the 
Foreign Service Retirement and Disability Fund.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, $16,400,000, 
to remain available until expended, as authorized in Public Law 103-
236: Provided, That section 135(e) of Public Law 103-236 shall not 
apply to funds appropriated under this heading.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended (5 U.S.C. App.), $24,350,000: Provided, That notwithstanding 
any other provision of law, (1) the Office of the Inspector General of 
the United States Information Agency is hereby merged with the Office 
of the Inspector General of the Department of State; (2) the functions 
exercised and assigned to the Office of the Inspector General of the 
United States Information Agency before the effective date of this Act 
(including all related functions) are transferred to the Office of the 
Inspector General of the Department of State; and (3) the Inspector 
General of the Department of State shall also serve as the Inspector 
General of the United States Information Agency.

                       representation allowances

    For representation allowances as authorized by section 905 of the 
Foreign Service Act of 1980, as amended (22 U.S.C. 4085), $4,500,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services in accordance 
with the provisions of section 214 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 4314) and 3 U.S.C. 208, $8,579,000.

            acquisition and maintenance of buildings abroad

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926, as amended (22 U.S.C. 292-300), and the 
Diplomatic Security Construction Program as authorized by title IV of 
the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 
U.S.C. 4851), $369,860,000, to remain available until expended as 
authorized by 22 U.S.C. 2696(c): Provided, That none of the funds 
appropriated in this paragraph shall be available for acquisition of 
furniture and furnishings and generators for other departments and 
agencies.

           emergencies in the diplomatic and consular service

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service 
pursuant to the requirement of 31 U.S.C. 3526(e), $6,000,000, to remain 
available until expended as authorized by 22 U.S.C. 2696(c), of which 
not to exceed $1,000,000 may be transferred to and merged with the 
Repatriation Loans Program Account, subject to the same terms and 
conditions.

                   repatriation loans program account

    For the cost of direct loans, $593,000, as authorized by 22 U.S.C. 
2671: 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 necessary to 
carry out the direct loan program, $183,000 which may be transferred to 
and merged with the Salaries and Expenses account under Administration 
of Foreign Affairs.

              payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act, 
Public Law 96-8 (93 Stat. 14), $15,165,000.

     payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $125,402,000.

              International Organizations and Conferences

              contributions to international organizations

    For expenses, not otherwise provided for, necessary to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $550,000,000: 
Provided, That any payment of arrearages shall be directed toward 
special activities that are mutually agreed upon by the United States 
and the respective international organization: Provided further, That 
20 percent of the funds appropriated in this paragraph for the assessed 
contribution of the United States to the United Nations shall be 
withheld from obligation and expenditure until a certification is made 
under section 401(b) of Public Law 103-236 for fiscal year 1996: 
Provided further, That certification under section 401(b) of Public Law 
103-236 for fiscal year 1996 may only be made if the Committees on 
Appropriations and Foreign Relations of the Senate and the Committees 
on Appropriations and International Relations of the House of 
Representatives are notified of the steps taken, and anticipated, to 
meet the requirements of section 401(b) of Public Law 103-236 at least 
15 days in advance of the proposed certification: Provided further, 
That none of the funds appropriated in this paragraph shall be 
available for a United States contribution to an international 
organization for the United States share of interest costs made known 
to the United States Government by such organization for loans incurred 
on or after October 1, 1984, through external borrowings: Provided 
further, That funds appropriated or otherwise made available under this 
heading may be available for the International Labor Organization.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $225,000,000: 
Provided, That none of the funds made available under this Act may be 
used, and shall not be available, for obligation or expenditure for any 
new or expanded United Nations peacekeeping mission unless, at least 
fifteen days in advance of voting for the new or expanded mission in 
the United Nations Security Council (or in an emergency, as far in 
advance as is practicable), (1) the Committees on Appropriations of the 
House of Representatives and the Senate and other appropriate 
Committees of the Congress are notified of the estimated cost and 
length of the mission, the vital national interest that will be served, 
and the planned exit strategy; and (2) a reprogramming of funds 
pursuant to section 605 of this Act is submitted, and the procedures 
therein followed, setting forth the source of funds that will be used 
to pay for the cost of the new or expanded mission: Provided further, 
That funds shall be available for peacekeeping expenses only upon a 
certification by the Secretary of State to the appropriate committees 
of the Congress that American manufacturers and suppliers are being 
given opportunities to provide equipment, services and material for 
United Nations peacekeeping activities equal to those being given to 
foreign manufacturers and suppliers.

              international conferences and contingencies

    For necessary expenses authorized by section 5 of the State 
Department Basic Authorities Act of 1956, in addition to funds 
otherwise available for these purposes, contributions for the United 
States share of general expenses of international organizations and 
conferences and representation to such organizations and conferences as 
provided for by 22 U.S.C. 2656 and 2672 and personal services without 
regard to civil service and classification laws as authorized by 5 
U.S.C. 5102, $3,000,000, to remain available until expended as 
authorized by 22 U.S.C. 2696(c), of which not to exceed $200,000 may be 
expended for representation as authorized by 22 U.S.C. 4085.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $11,500,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $8,000,000, to remain available until expended as authorized 
by 22 U.S.C. 2696(c).

              american sections, international commissions

    For necessary expenses, not otherwise provided for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and for the Border 
Environment Cooperation Commission as authorized by Public Law 103-182; 
$5,800,000, of which not to exceed $9,000 shall be available for 
representation expenses incurred by the International Joint Commission.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $15,119,000: Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions, pursuant to 31 U.S.C. 3324.

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency

                arms control and disarmament activities

    For necessary expenses not otherwise provided, for arms control, 
nonproliferation, and disarmament activities, $22,700,000, of which not 
to exceed $50,000 shall be for official reception and representation 
expenses as authorized by the Act of September 26, 1961, as amended (22 
U.S.C. 2551 et seq.).

                    United States Information Agency

                         salaries and expenses

    For expenses, not otherwise provided for, necessary to enable the 
United States Information Agency, as authorized by the Mutual 
Educational and Cultural Exchange Act of 1961, as amended (22 U.S.C. 
2451 et seq.), the United States Information and Educational Exchange 
Act of 1948, as amended (22 U.S.C. 1431 et seq.) and Reorganization 
Plan No. 2 of 1977 (91 Stat. 1636), to carry out international 
communication, educational and cultural activities; and to carry out 
related activities authorized by law, including employment, without 
regard to civil service and classification laws, of persons on a 
temporary basis (not to exceed $700,000 of this appropriation), as 
authorized by 22 U.S.C. 1471, and entertainment, including official 
receptions, within the United States, not to exceed $25,000 as 
authorized by 22 U.S.C. 1474(3); $429,000,000: Provided, That not to 
exceed $1,400,000 may be used for representation abroad as authorized 
by 22 U.S.C. 1452 and 4085: Provided further, That not to exceed 
$7,615,000 to remain available until expended, may be credited to this 
appropriation from fees or other payments received from or in 
connection with English teaching, library, motion pictures, and 
publication programs as authorized by section 810 of the United States 
Information and Educational Exchange Act of 1948, as amended: Provided 
further, That not to exceed $1,700,000 to remain available until 
expended may be used to carry out projects involving security 
construction and related improvements for agency facilities not 
physically located together with Department of State facilities abroad.

                            technology fund

    For expenses necessary to enable the United States Information 
Agency to provide for the procurement of information technology 
improvements, as authorized by the United States Information and 
Educational Exchange Act of 1948, as amended (22 U.S.C. 1431 et seq.), 
the Mutual Educational and Cultural Exchange Act of 1961, as amended 
(22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 1977 (91 
Stat. 1636), $5,050,000, to remain available until expended.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized by the Mutual Educational and Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451 et seq.), and Reorganization Plan No. 2 of 
1977 (91 Stat. 1636), $210,000,000, to remain available until expended 
as authorized by 22 U.S.C. 2455.

           eisenhower exchange fellowship program trust fund

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-05), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 1996, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.

                    israeli arab scholarship program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 
30, 1996, to remain available until expended.

              american studies collections endowment fund

    For necessary expenses of American Studies Collections as 
authorized by section 235 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995, all interest and earnings accruing to the 
American Studies Collections Endowment Fund on or before September 30, 
1996, to remain available until expended.

                 international broadcasting operations

    For expenses necessary to enable the United States Information 
Agency, as authorized by the United States Information and Educational 
Exchange Act of 1948, as amended, the United States International 
Broadcasting Act of 1994, as amended, and Reorganization Plan No. 2 of 
1977, to carry out international communication activities; 
$294,191,000, of which $5,000,000 shall remain available until 
expended, not to exceed $16,000 may be used for official receptions 
within the United States as authorized by 22 U.S.C. 1474(3), not to 
exceed $35,000 may be used for representation abroad as authorized by 
22 U.S.C. 1452 and 4085, and not to exceed $29,000,000 may be used for 
necessary expenses of Radio Free Europe/Radio Liberty, of which not 
more than $39,000 may be used for official reception and representation 
expenses of Radio Free Europe/Radio Liberty; and in addition, not to 
exceed $250,000 from fees as authorized by section 810 of the United 
States Information and Educational Exchange Act of 1948, as amended, to 
remain available until expended for carrying out authorized purposes

                          broadcasting to cuba

    For expenses necessary to enable the United States Information 
Agency to carry out the Radio Broadcasting to Cuba Act, as amended, the 
Television Broadcasting to Cuba Act, and the International Broadcasting 
Act of 1994, including the purchase, rent, construction, and 
improvement of facilities for radio and television transmission and 
reception, and purchase and installation of necessary equipment for 
radio and television transmission and reception, $24,809,000 to remain 
available until expended: Provided, That funds may be used to purchase 
or lease, maintain, and operate such aircraft (including aerostats) as 
may be required to house and operate necessary television broadcasting 
equipment: Provided further, That not later than April 1, 1996, the 
headquarters of the Office of Cuba Broadcasting shall be relocated from 
Washington, D.C. to south Florida, and that any funds available to the 
United States Information Agency may be available to carry out this 
relocation.

                           radio construction

    For an additional amount for the purchase, rent, construction, and 
improvement of facilities for radio transmission and reception and 
purchase and installation of necessary equipment for radio and 
television transmission and reception as authorized by 22 U.S.C. 1471, 
$22,000,000, to remain available until expended as authorized by 22 
U.S.C. 1477b(a).

                            east-west center

    To enable the Director of the United States Information Agency to 
provide for carrying out the provisions of the Center for Cultural and 
Technical Interchange Between East and West Act of 1960 (22 U.S.C. 
2054-2057), by grant to the Center for Cultural and Technical 
Interchange Between East and West in the State of Hawaii, $18,000,000: 
Provided, That none of the funds appropriated herein shall be used to 
pay any salary, or enter into any contract providing for the payment 
thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                           north/south center

    To enable the Director of the United States Information Agency to 
provide for carrying out the provisions of the North/South Center Act 
of 1991 (22 U.S.C. 2075), by grant to an educational institution in 
Florida known as the North/South Center, $4,000,000, to remain 
available until expended.

                    national endowment for democracy

    For grants made by the United States Information Agency to the 
National Endowment for Democracy as authorized by the National 
Endowment for Democracy Act, $30,000,000, to remain available until 
expended.

                General Provisions--Department of State

    Sec. 401. Funds appropriated under this title shall be available, 
except as otherwise provided, for allowances and differentials as 
authorized by subchapter 59 of 5 U.S.C.; for services as authorized by 
5 U.S.C. 3109; and hire of passenger transportation pursuant to 31 
U.S.C. 1343(b).
    Sec. 402. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of State in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the United States Information Agency in this 
Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided 
further, That any transfer pursuant to this section shall be treated as 
a reprogramming of funds under section 605 of this Act and shall not be 
available for obligation or expenditure except in compliance with the 
procedures set forth in that section.
    Sec. 403. Funds appropriated or otherwise made available under this 
Act or any other Act may be expended for compensation of the United 
States Commissioner of the International Boundary Commission, United 
States and Canada, only for actual hours worked by such Commissioner.

SEC. 404. CONSOLIDATION OF REDUNDANT FOREIGN RELATIONS FUNCTIONS.

    (a) Consolidation of Functions.--
            (1) Consolidation of functions of state department, usia, 
        and acda.--Notwithstanding any other provision of law, the 
        Director of the Office of Management and Budget shall, in 
        consultation with the Secretary of State, the Director of the 
        United States Information Agency and the Director of the Arms 
        Control and Disarmament Agency--
                    (A) identify the functions carried out by the 
                Department of State, by the United States Information 
                Agency, and the Arms Control and Disarmament Agency 
                that are redundant by reason of being carried out, in 
                whole or in part, by two or more of these entities; and
                    (B) take appropriate actions to eliminate the 
                redundancy in such functions.
            (2) Scope of consolidation.--In carrying out the 
        requirements of paragraph (1), the Director of the Office of 
        Management and Budget may provide for the discharge of 
        functions of the entities referred to in such paragraph by a 
        single office within one of the entities.
            (3) Additional consolidation authority.--In addition to the 
        actions under paragraphs (1) and (2), the Director of the 
        Office of Management and Budget may also carry out such other 
        actions to consolidate and reorganize the functions of the 
        Department of State, the United States Information Agency, and 
        the United States Arms Control and Disarmament Agency as the 
        Director and the heads of such entities consider appropriate to 
        ensure the effective and efficient discharge of the 
        responsibilities of such entities.
            (4) Actions authorized.--The actions that the Director of 
        the Office of Management and Budget may take under this 
        subsection include the following:
                    (A) The abolishment, reorganization, consolidation, 
                or transfer of functions (in whole or in part).
                    (B) The termination or transfer of the personnel 
                associated with functions so abolished, reorganized, 
                consolidated, or transferred.
            (5) Transition rules.--The Director of the Office of 
        Management and Budget shall establish such rules and procedures 
        relating to the consolidation of foreign relations functions 
        under this subsection as the Director considers appropriate, 
        including rules and procedures relating to the rights and 
        responsibilities of personnel of the Government terminated, 
        transferred, or otherwise affected by actions to carry out the 
        consolidation.
    (b) Voluntary Separation Incentives.--
            (1) Authority to pay incentives.--The head of an agency 
        referred to in paragraph (2) may pay voluntary incentive 
        payments to employees of the agency in order to avoid or 
        minimize the need for involuntary separations from the agency 
        as a result of the consolidation of foreign relations functions 
        under subsection (a).
            (2) Covered agencies.--Paragraph (1) applies to the 
        following agencies:
                    (A) The Department of State.
                    (B) The United States Information Agency.
                    (C) The United States Arms Control and Disarmament 
                Agency.
            (3) Payment requirements.--
                    (A) In general.--The head of an agency referred to 
                in paragraph (2) shall pay voluntary separation 
                incentive payments under this subsection in accordance 
                with the provisions of sections 3 and 4 of the Federal 
                Workforce Restructuring Act of 1994 (Public Law 103-
                226; 108 Stat. 111), except that an employee of the 
                agency shall be deemed to be eligible for payment of a 
                voluntary separation incentive payment under that 
                section if the employee separates from service with the 
                agency during the period beginning on the date of 
                enactment of this Act and ending on December 15, 1995.
                    (B) Subsequent employment with government.--The 
                provisions of subsection (d) of such section 3 shall 
                apply to any employee who is paid a voluntary 
                separation incentive payment under this subsection.
            (4) Funding.--
                    (A) In general.--The payment of voluntary 
                separation incentive payments under this subsection 
                shall be made from funds in the Foreign Affairs 
                Reorganization Transition Fund established under 
                subsection (c).
                    (B) Exercise of authority dependent on funding.--
                The head of an agency may not pay voluntary separation 
                incentive payments under this subsection unless 
                sufficient funds are available in the Foreign Affairs 
                Reorganization Fund to cover the cost of such payments 
                and the costs of any other payments (including payments 
                or deposits to retirement systems) required in relation 
                to such payments.
            (5) Termination of authority.--The authority of the head of 
        an agency to authorize payment of voluntary separation 
        incentive payments under this subsection shall expire on 
        December 15, 1995.
    (c) Foreign Affairs Reorganization Transition Fund.--
            (1) Establishment.--There is hereby established on the 
        books of the Treasury an account to be known as the ``Foreign 
        Affairs Reorganization Transition Fund''.
            (2) Purpose.--The purpose of the account is to provide 
        funds for the following:
                    (A) To cover the costs of actions relating to the 
                consolidation of redundant foreign relations functions 
                that are taken under subsection (a).
                    (B) To the cover the costs to the Government of the 
                payment of voluntary separation incentive payments 
                under subsection (b), including any payments or 
                deposits to retirement systems required in relation to 
                such payment.
            (3) Deposits.--There shall be deposited into the account 
        such sums as may be appropriated to the account.
            (4) Use of funds.--Sums in the account shall remain 
        available until expended for the purpose set forth in paragraph 
        (2).
            (5) Report on account.--Not later than November 15, 1996, 
        the Secretary of State shall transmit to the Committees on 
        Appropriations and Foreign Relations of the Senate and the 
        Committees on Appropriations and International Relations of the 
        House of Representatives a report containing an accounting of--
                    (A) the expenditures from the account established 
                under this subsection; and
                    (B) in the event of any transfer of funds to the 
                Department of State under paragraph (5), the functions 
                for which the funds so transferred are to be expended.
    Sec. 405. (a) Subject to subsection (b), section 15(a) of the State 
Department Basic Authorities Act of 1956 (22 U.S.C. 2680(a)) and 
section 701 of the United States Information and Educational Exchange 
Act of 1948 and section 313 of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 and section 53 of the Arms Control and 
Disarmament Act, shall not apply to appropriations made available for 
the Department of State in this Act.
    (b) The waiver of subsection (a) shall cease to apply December 1, 
1995.

SEC. 406. FUNDS FOR THE TENTH PARALYMPIAD GAMES.

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

SEC. 407. GREAT LAKES FISHERY COMMISSION.

    Notwithstanding any other provision of law--
            (1) the Department of State shall continue to carry out its 
        authority, function, duty, and responsibility in the conduct of 
        foreign affairs of the United States in connection with the 
        Great Lakes Fishery Commission in the same manner as that 
        Department has carried out that function, duty, and 
        responsibility since the Convention on Great Lakes Fisheries 
        between the United States and Canada entered into force on 
        October 11, 1955; and
            (2) the authority, function, duty, and responsibility of 
        the Department of State referred to in paragraph (1) shall not 
        be transferred to any other Federal agency or terminated during 
        any fiscal year in which the Convention referred to in 
        paragraph (1) is in force.
    Sec. 408. Section 36(a)(1) of the State Department Authorities Act 
of 1956, as amended (22 U.S.C. 2708), is amended to delete ``may pay a 
reward'' and insert in lieu thereof ``shall establish and publicize a 
program under which rewards may be paid''.
    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 unified combatant command established under 
chapter 6 of title 10, United States Code, to perform the mission of 
carrying out all counter-drug operations of the Department of Defense 
in the areas of the Western Hemisphere that are south of the southern 
border of the United States, including Mexico, and the areas off the 
coasts of Central America and South America that are within 300 miles 
of such coasts, but not to include the Caribbean Sea.
    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 undertaking 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, Incorporated, 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 pursuant to this Act should be 
used for the deployment of combat-equipped forces of the Armed Forces 
of the United States for any ground operations in Bosnia and 
Herzegovina unless--
            (1) Congress approves in advance the deployment of such 
        forces of the Armed Forces; or
            (2) the temporary deployment of such forces of the Armed 
        Forces of the United States into Bosnia and Herzegovina is 
        necessary to evacuate United Nations peacekeeping forces from a 
        situation of imminent danger, to undertake emergency air rescue 
        operations, or to provide for the airborne delivery of 
        humanitarian supplies, and the President reports as soon as 
        practicable to Congress after the initiation of the temporary 
        deployment, but in no case later than 48 hours after the 
        initiation of the deployment.
    Sec. 414. It is the Sense of the Senate that the President of the 
United States should insist on the full compliance of the Russian 
Federation with the terms of the Treaty on Conventional Armed Forces in 
Europe and seek the advice and consent of the Senate for any treaty 
modifications.

SEC. 415. RESTRICTIONS ON THE TERMINATION OF SANCTIONS AGAINST SERBIA 
              AND MONTENEGRO.

    (a) Restrictions.--Section 1511 of the National Defense 
Authorization Act for Fiscal Year 1994 (Public Law 103-160) is amended 
by striking subsection (e) and inserting the following:
    ``(e) Certification.--A certification described in this subsection 
is a certification by the President to Congress of his determination 
that:
            ``(1) the elected Government of Kosova is exercising its 
        legitimate right to democratic self-government, and the 
        political autonomy of Kosova, as exercised prior to 1984 under 
        the 1974 Constitution of the Socialist Federal Republic of 
        Yugoslavia, has been restored;
            ``(2) systematic violations of the civil and human rights 
        of the people of Kosova, including institutionalized 
        discrimination and structural repression, have ended;
            ``(3) monitors from the Organization for Security and 
        Cooperation in Europe, other human rights monitors, and United 
        States and international relief officials are free to operate 
        in Kosova and Serbia, including the Sandjak and Vojvodina, and 
        enjoy the full cooperation and support of Serbia and local 
        authorities;
            ``(4) full civil and human rights have been restored to 
        ethnic non-Serbs in Serbia, including the Sandjak and 
        Vojvodina;
            ``(5) the Federal Republic of Yugoslavia has halted 
        aggression against the Republic of Bosnia and Herzegovina;
            ``(6) the Federal Republic of Yugoslavia has terminated all 
        forms of support, including manpower, arms, fuel, financial 
        subsidies, and war material, by land or air, for Serbian 
        separatists and their leaders in the Republic of Bosnia and 
        Herzegovina and the Republic of Croatia;
            ``(7) the Federal Republic of Yugoslavia has extended full 
        respect for the territorial integrity and independence of the 
        Republic of Bosnia and Herzegovina, the Republic of Croatia, 
        and the former Yugoslav Republic of Macedonia; and
            ``(8) the Federal Republic of Yugoslavia has cooperated 
        fully with the United Nations war crimes tribunal for the 
        former Yugoslavia, including by surrendering all available and 
        requested evidence and those indicted individuals who are 
        residing in the territory of Serbia and Montenegro.''.
    (b) Foreign Assistance Act Amendment.--Section 307(a) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)) is amended by 
inserting ``Serbia and Montenegro,'' after ``Cuba,''.
    (c) Conforming Amendment.--Section 1511(a) of such Act is amended 
by striking ``subsections (d) and (e)) remain in effect until changed 
by law'' and inserting ``subsection (d)) remain in effect until the 
certification requirements of subsection (e) have been met''.
    (d) Sense of the Congress.--It is the sense of the Congress that 
the conditions specified in section 1511(e) of the National Defense 
Authorization Act for Fiscal Year 1994, as amended by this section, 
should also be applied by the United Nations for the termination of 
sanctions against Serbia and Montenegro.
    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 Act, 1936, as amended, 
$162,610,000, to remain available until expended.

                        operations and training

    For necessary expenses of operations and training activities 
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 Defense 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 necessary 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 appropriated.

          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 available until expended: 
Provided, That such costs, including the cost of modifying such loans, 
shall be as defined in section 502 of the Congressional Budget Act of 
1974, as amended: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be guaranteed, 
not to exceed $500,000,000.

           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 
appropriation charged with the cost thereof: Provided, That rental 
payments under any such lease, contract, or occupancy 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 fiscal year 
from the construction fund established by the Merchant Marine Act, 
1936, or otherwise, in excess of the appropriations and limitations 
contained in this Act or in any prior appropriation Act, and all 
receipts which otherwise would be deposited to the credit of said fund 
shall be covered into the Treasury as miscellaneous receipts.

      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 Schedule C of the 
Excepted Service exclusive of one special assistant 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 Immigration Reform 
pursuant to section 141(f) of the Immigration Act of 1990, $1,894,000, 
to remain available until expended.

            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 Opportunity 
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 authorized 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 Discrimination 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 
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 
Communications 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 result in a final fiscal year 
1996 appropriation estimated at $49,785,000: Provided further, That any 
offsetting collections received in excess of $116,400,000 in fiscal 
year 1996 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 Commission 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 Commission, including 
uniforms or allowances therefor, as authorized 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 expenses; $73,035,000: Provided, That not to exceed 
$300,000 shall be available for use to contract with a person or 
persons for collection services in accordance with the terms of 31 
U.S.C. 3718, as amended: Provided further, That notwithstanding any 
other provision of law, not to exceed $48,262,000 of offsetting 
collections derived from fees collected 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 expenses in 
this appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated 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 obligation 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 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 assistance, including basic field 
programs; and $13,000,000 (to be allocated by the Board of Directors of 
the Corporation) is for management, administration, and the Office of 
Inspector General: Provided, That $115,000,000 of the total amount 
provided under this heading shall not be available until the date on 
which the Corporation commences implementation of the system of 
competitive awards of grants and contracts under section 13.

         administrative provisions--legal services corporation

    Sec. 11. Funds appropriated under this Act to the Legal Services 
Corporation for basic field programs shall be distributed as follows:
            (1) The Corporation shall define geographic areas and make 
        the funds available for each geographic area on a per capita 
        basis relative to the number of individuals in poverty 
        determined by the Bureau of the Census to be within the 
        geographic area, except as provided in paragraph (2)(B). Funds 
        for such a geographic area may be distributed by the 
        Corporation to 1 or more persons or entities eligible for 
        funding under section 1006(a)(1)(A) of the Legal Services 
        Corporation Act (42 U.S.C. 2996e(a)(1)(A)), subject to sections 
        12 and 14.
            (2) Funds for grants from the Corporation, and contracts 
        entered into by the Corporation, for basic field programs shall 
        be allocated so as to provide--
                    (A) except as provided in subparagraph (B), an 
                equal figure per individual in poverty for all 
                geographic areas, as determined on the basis of the 
                most recent decennial census of population conducted 
                pursuant to section 141 of title 13, United States Code 
                (or, in the case of the Republic of Palau, the 
                Federated States of Micronesia, the Republic of the 
                Marshall Islands, Alaska, Hawaii, and the United States 
                Virgin Islands, on the basis of the adjusted population 
                counts historically used as the basis for such 
                determinations); and
                    (B) an additional amount for Native American 
                communities that received assistance under the Legal 
                Services Corporation Act for fiscal year 1995, so that 
                the proportion of the funds appropriated to the Legal 
                Services Corporation for basic field programs for 
                fiscal year 1996 that is received by the Native 
                American communities shall be not less than the 
                proportion of such funds appropriated for fiscal year 
                1995 that was received by the Native American 
                communities.
    Sec. 12. None of the funds appropriated under this Act to the Legal 
Services Corporation shall be used by the Corporation to make a grant, 
or enter into a contract, for the provision of legal assistance unless 
the Corporation ensures that the person or entity receiving funding to 
provide such legal assistance is--
            (1) a private attorney admitted to practice in a State or 
        the District of Columbia;
            (2) a qualified nonprofit organization, chartered under the 
        laws of a State or the District of Columbia, that--
                    (A) furnishes legal assistance to eligible clients; 
                and
                    (B) is governed by a board of directors or other 
                governing body, the majority of which is comprised of 
                attorneys who--
                            (i) are admitted to practice in a State or 
                        the District of Columbia; and
                            (ii) are appointed to terms of office on 
                        such board or body by the governing body of a 
                        State, county, or municipal bar association, 
                        the membership of which represents a majority 
                        of the attorneys practicing law in the locality 
                        in which the organization is to provide legal 
                        assistance;
            (3) a State or local government (without regard to section 
        1006(a)(1)(A)(ii) of the Legal Services Corporation Act (42 
        U.S.C. 2996e(a)(1)(A)(ii)); or
            (4) a substate regional planning or coordination agency 
        that serves a substate area and whose governing board is 
        controlled by locally elected officials.
    Sec. 13. (a) Not later than September 1, 1996, the Corporation 
shall implement a system of competitive awards of grants and contracts 
that will apply to all grants and contracts for the delivery of legal 
assistance awarded by the Corporation after the date of implementation 
of the system.
    (b) Not later than 60 days after the date of enactment of this Act, 
the Legal Services Corporation shall promulgate regulations to 
implement a competitive selection process for the recipients of such 
grants and contracts.
    (c) Such regulations shall specify selection criteria for the 
recipients, which shall include--
            (1) a demonstration of a full understanding of the basic 
        legal needs of the eligible clients to be served and a 
        demonstration of the capability of serving the needs;
            (2) the quality, feasibility, and cost effectiveness of a 
        plan submitted by an applicant for the delivery of legal 
        assistance to the eligible clients to be served; and
            (3) the experience of the Corporation with the applicant, 
        if the applicant has previously received financial assistance 
        from the Corporation, including the record of the applicant of 
        past compliance with Corporation policies, practices, and 
        restrictions.
    (d) Such regulations shall ensure that timely notice regarding an 
opportunity to submit an application for such an award is published in 
periodicals of local and State bar associations and in at least 1 daily 
newspaper of general circulation in the area to be served by the person 
or entity receiving the award.
    (e) No person or entity that was previously awarded a grant or 
contract by the Legal Services Corporation for the provision of legal 
assistance may be given any preference in the competitive selection 
process.
    (f) Sections 1007(a)(9) and 1011 of the Legal Services Corporation 
Act (42 U.S.C. 2996f(a)(9) and 42 U.S.C. 2996j) shall not apply to 
grants and contracts awarded under the system of competitive awards for 
grants and contracts for the delivery of legal assistance.
    Sec. 14. (a) None of the funds appropriated under this Act to the 
Legal Services Corporation may be used to provide financial assistance 
to any person or entity (which may be referred to in this section as a 
``recipient'')--
            (1) that makes available any funds, personnel, or equipment 
        for use in advocating or opposing any plan or proposal, or 
        represents any party or participates in any other way in 
        litigation, that is intended to or has the effect of altering, 
        revising, or reapportioning a legislative, judicial, or 
        elective district at any level of government, including 
        influencing the timing or manner of the taking of a census;
            (2) that attempts to influence the issuance, amendment, or 
        revocation of any executive order, regulation, or similar 
        promulgation by any Federal, State, or local agency, except as 
        permitted in paragraph (3);
            (3) that attempts to influence any decision by a Federal, 
        State, or local agency, except when legal assistance is 
        provided by an employee of a recipient to an eligible client on 
        a particular application, claim, or case--
                    (A) that directly involves a legal right or 
                responsibility of the client; and
                    (B) that does not involve the issuance, amendment, 
                or revocation of any agency promulgation described in 
                paragraph (2);
            (4) that attempts to influence the passage or defeat of any 
        legislation, constitutional amendment, referendum, initiative, 
        or any similar procedure of Congress or a State or local 
        legislative body;
            (5) that attempts to influence the conduct of oversight 
        proceedings of the Corporation or any person or entity 
        receiving financial assistance provided by the Corporation;
            (6) that pays for any personal service, advertisement, 
        telegram, telephone communication, letter, printed or written 
        matter, administrative expense, or related expense, associated 
        with an activity prohibited in this section;
            (7) that initiates or participates in a class action suit;
            (8) that files a complaint or otherwise initiates 
        litigation against a defendant, or engages in a precomplaint 
        settlement negotiation with a prospective defendant, unless--
                    (A) each plaintiff has been specifically 
                identified, by name, in any complaint filed for 
                purposes of such litigation or prior to the 
                precomplaint settlement negotiation; and
                    (B) a statement of facts written in English and, if 
                necessary, in a language that the plaintiff 
                understands, that enumerates the particular facts known 
                to the plaintiff on which the complaint is based, has 
                been signed by the plaintiff, is kept on file by the 
                recipient, and is made available to any Federal 
                department or agency that is auditing or monitoring the 
                activities of the Corporation or of the recipient, and 
                to any auditor or monitor receiving Federal funds to 
                conduct such auditing or monitoring, including any 
                auditor or monitor of the Corporation, except that--
                            (i) on establishment of reasonable cause 
                        that an injunction is necessary to prevent 
                        probable, serious harm to a potential 
                        plaintiff, a court of competent jurisdiction 
                        may enjoin the disclosure of the identity of 
                        the potential plaintiff pending the outcome of 
                        such litigation or negotiation after notice and 
                        an opportunity for a hearing is provided to 
                        potential parties to the litigation or the 
                        negotiation; and
                            (ii) other parties to the litigation or 
                        negotiation shall have access to the statement 
                        of facts only through the discovery process 
                        after litigation has begun;
            (9) unless--
                    (A) prior to the provision of financial 
                assistance--
                            (i) if the person or entity is a nonprofit 
                        organization, the governing board of the person 
                        or entity has set specific priorities in 
                        writing, pursuant to section 1007(a)(2)(C)(i) 
                        of the Legal Services Corporation Act (42 
                        U.S.C. 2996f(a)(2)(C)(i)), of the types of 
                        matters and cases to which the staff of the 
                        nonprofit organization shall devote time and 
                        resources; and
                            (ii) the staff of such person or entity has 
                        signed a written agreement not to undertake 
                        cases or matters other than in accordance with 
                        the specific priorities set by such governing 
                        board, except in emergency situations defined 
                        by such board and in accordance with the 
                        written procedures of such board for such 
                        situations; and
                    (B) the staff of such person or entity provides to 
                the governing board on a quarterly basis, and to the 
                Corporation on an annual basis, information on all 
                cases or matters undertaken other than cases or matters 
                undertaken in accordance with such priorities;
            (10) unless--
                    (A) prior to receiving the financial assistance, 
                such person or entity agrees to maintain records of 
                time spent on each case or matter with respect to which 
                the person or entity is engaged;
                    (B) any funds, including Interest on Lawyers Trust 
                Account funds, received from a source other than the 
                Corporation by the person or entity, and disbursements 
                of such funds, are accounted for and reported as 
                receipts and disbursements, respectively, separate and 
                distinct from Corporation funds; and
                    (C) the person or entity agrees (notwithstanding 
                section 1009(d) of the Legal Services Corporation Act 
                (42 U.S.C. 2996h(d)) to make the records described in 
                subparagraph (A) available to any Federal department or 
                agency that is auditing or monitoring the activities of 
                the Corporation or of the recipient, and to any auditor 
                or monitor receiving Federal funds to conduct such 
                auditing or monitoring, including any auditor or 
                monitor of the Corporation;
            (11) that provides legal assistance for or on behalf of any 
        alien, unless the alien is present in the United States and 
        is--
                    (A) an alien lawfully admitted for permanent 
                residence as defined in section 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(20));
                    (B) an alien who--
                            (i) is married to a United States citizen 
                        or is a parent or an unmarried child under the 
                        age of 21 years of such a citizen; and
                            (ii) has filed an application to adjust the 
                        status of the alien to the status of a lawful 
                        permanent resident under the Immigration and 
                        Nationality Act (8 U.S.C. 1101 et seq.), which 
                        application has not been rejected;
                    (C) an alien who is lawfully present in the United 
                States pursuant to an admission under section 207 of 
                the Immigration and Nationality Act (8 U.S.C. 1157) 
                (relating to refugee admission) or who has been granted 
                asylum by the Attorney General under such Act;
                    (D) an alien who is lawfully present in the United 
                States as a result of withholding of deportation by the 
                Attorney General pursuant to section 243(h) of the 
                Immigration and Nationality Act (8 U.S.C. 1253(h));
                    (E) an alien to whom section 305 of the Immigration 
                Reform and Control Act of 1986 (8 U.S.C. 1101 note) 
                applies, but only to the extent that the legal 
                assistance provided is the legal assistance described 
                in such section; or
                    (F) an alien who is lawfully present in the United 
                States as a result of being granted conditional entry 
                to the United States before April 1, 1980, pursuant to 
                section 203(a)(7) of the Immigration and Nationality 
                Act (8 U.S.C. 1153(a)(7)), as in effect on such date, 
                because of persecution or fear of persecution on 
                account of race, religion, or political calamity;
            (12) that supports or conducts a training program for the 
        purpose of advocating a particular public policy or encouraging 
        a political activity, a labor or antilabor activity, a boycott, 
        picketing, a strike, or a demonstration, including the 
        dissemination of information about such a policy or activity, 
        except that this paragraph shall not be construed to prohibit 
        the provision of training to an attorney or a paralegal to 
        prepare the attorney or paralegal to provide--
                    (A) adequate legal assistance to eligible clients; 
                or
                    (B) advice to any eligible client as to the legal 
                rights of the client;
            (13) that provides legal assistance with respect to any 
        fee-generating case, if a private attorney is available and 
        willing to take the case;
            (14) that claims, or whose employee or eligible client 
        claims, or collects, attorneys' fees from a nongovernmental 
        party to litigation, initiated after January 1, 1996, by such 
        client with the assistance of such recipient or an employee of 
        the recipient;
            (15) that participates in any litigation with respect to 
        abortion;
            (16) that participates in any litigation on behalf of a 
        person incarcerated in a Federal, State, or local prison;
            (17) that initiates legal representation or participates in 
        any other way, in litigation, lobbying, or rulemaking, 
        involving an effort to reform a Federal or State welfare 
        system, except that this paragraph shall not be construed to 
        preclude a recipient from representing an individual eligible 
        client who is seeking specific relief from a welfare agency, if 
        such relief does not involve an effort to amend or otherwise 
        challenge existing law (as of the date of the effort);
            (18) that defends a person in a proceeding to evict the 
        person from a public housing project if--
                    (A) the person has been charged with the illegal 
                sale or distribution of a controlled substance; and
                    (B) the eviction proceeding is brought by a public 
                housing agency because the illegal drug activity of the 
                person threatens the health or safety of another tenant 
                residing in the public housing project or employee of 
                the public housing agency; or
            (19) unless such person or entity agrees that the person or 
        entity, and the employees of the person or entity, will not 
        accept employment resulting from in-person unsolicited advice 
        to a nonattorney that such nonattorney should obtain counsel or 
        take legal action, and will not refer such nonattorney to a 
        second person or entity or an employee of the person or entity, 
        that is receiving financial assistance provided by the Legal 
        Services Corporation, except that this paragraph shall not be 
        construed to prohibit such first person or entity or an 
        employee of the person or entity from referring such 
        nonattorney to the appropriate Federal, State, or local agency 
        with jurisdiction over the matter involved.
    (b) Nothing in this section shall be interpreted to prohibit--
            (1) a recipient from using funds from a source other than 
        the Corporation for the purpose of contacting, communicating 
        with, or responding to a request from, a State or local 
        government agency, a State or local legislative body or 
        committee, or a member thereof, regarding funding for the 
        recipient, including a pending or proposed legislative or 
        agency proposal to fund such recipient; or
            (2) the Corporation from responding to a request for 
        comments regarding a Federal funding proposal.
    (c) Not later than 30 days after the date of enactment of this Act, 
the Corporation shall promulgate a suggested list of priorities that 
boards of directors may use in setting priorities under subsection 
(a)(9).
    (d)(1) The Corporation shall not accept any non-Federal funds, and 
no recipient shall accept funds from any source other than the 
Corporation, unless the Corporation or the recipient, as the case may 
be, notifies in writing the source of the funds that the funds may not 
be expended for any purpose prohibited by the Legal Services 
Corporation Act or this title.
    (2) Paragraph (1) shall not prevent a recipient from--
            (A) receiving Indian tribal funds (including funds from 
        private nonprofit organizations for the benefit of Indians or 
        Indian tribes) and expending the tribal funds in accordance 
        with the specific purposes for which the tribal funds are 
        provided; or
            (B) using funds received from a source other than the 
        Corporation to provide legal assistance to a client who is not 
        an eligible client if such funds are used for the specific 
        purposes for which such funds were received, except that such 
        funds may not be expended by recipients for any purpose 
        prohibited by the Legal Services Corporation Act or this title 
        (other than any requirement regarding the eligibility of 
        clients).
    (e) As used in this section:
            (1) The term ``controlled substance'' has the meaning given 
        the term in section 102 of the Controlled Substances Act (21 
        U.S.C. 802).
            (2) The term ``fee-generating case'' means a case that, if 
        undertaken on behalf of an eligible client by a private 
        attorney would reasonably be expected to result in a fee for 
        legal services from an award to an eligible client from public 
        funds, from the opposing party, or from any other source.
            (3) The term ``individual in poverty'' means an individual 
        who is a member of a family (of 1 or more members) with an 
        income at or below the poverty line.
            (4) The term ``poverty line'' means the poverty line (as 
        defined by the Office of Management and Budget, and revised 
        annually in accordance with section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
        family of the size involved.
            (5) The term ``public housing project'' has the meaning as 
        used within section 3, and the term ``public housing agency'' 
        has the meaning given the term in section 3, of the United 
        States Housing Act of 1937 (42 U.S.C. 1437a).
    Sec. 15. None of the funds appropriated under this Act to the Legal 
Services Corporation or provided by the Corporation to any entity or 
person may be used to pay membership dues to any private or nonprofit 
organization.
    Sec. 16. The requirements of sections 14 and 15 shall apply to the 
activities of a recipient described in section 14, or an employee of 
such a recipient, during the provision of legal assistance for a case 
or matter, if the recipient or employee begins to provide the legal 
assistance on or after the date of enactment of this Act. If the 
recipient or employee began to provide legal assistance for the case or 
matter prior to such date, and begins to provide legal assistance for 
an additional related claim on or after such date, the requirements 
shall apply to the activities of the recipient or employee during the 
provision of legal assistance for the claim.

                        Marine Mammal Commission

                         salaries and expenses

    For necessary expenses of the Marine Mammal Commission 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.

                   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 Economic 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 International 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 relating to securities matters, 
development and implementation of cooperation agreements concerning 
securities matters and provision of technical assistance for the 
development of foreign 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, (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 
centum to one thirty-fourth of 1 per centum and such increase shall be 
deposited as an offsetting collection to this appropriation, to remain 
available until expended, to recover costs of services of the 
securities registration process: Provided 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 
available for the enforcement of the Investment Advisers Act of 1940 in 
addition to any other appropriated funds designated by the Commission 
for enforcement of such Act.

                     Small Business Administration

    The following sum is appropriated for the Small Business 
Administration in addition to such sums provided elsewhere 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 exceed $3,500 for official reception and 
representation expenses, $197,903,000: Provided further, That the 
Administrator is authorized to charge fees to cover the cost of 
publications 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 available for 
carrying out these purposes without further appropriations.

                      office of inspector general

    For necessary expenses of the Office of Inspector General 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 authorized by 15 
U.S.C. 631 note, of which $1,216,000, to be available until expended, 
shall be for the Microloan Guarantee 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 Salaries and Expenses.

                     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 remain available until 
expended: Provided, That such costs, including the cost of modifying 
such loans, shall be as defined in section 502 of the Congressional 
Budget Act of 1974.
    In addition, for administrative expenses to carry out the direct 
loan program, $62,400,000, which may be transferred to and merged with 
the appropriations for Salaries and Expenses.

                 surety bond guarantees revolving fund

    For additional capital for the ``Surety Bond Guarantees Revolving 
Fund'', authorized by the Small Business Investment 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 between 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 of this Act and shall not be available for obligation 
or expenditure 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 reception 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 public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 604. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application 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 obligation 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 restricted; (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 Committees 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 provided under 
previous Appropriations Acts to the agencies funded by this Act that 
remain available for obligation 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 for activities, 
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 Committees of both Houses of Congress are 
notified fifteen days in advance of such reprogramming of funds.
    Sec. 607. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products 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 provide 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 Commission 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 Commission 
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 
undertaking 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 submitted to the President a 
recommendation that such involvement 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 personal comforts in the 
Federal prison system--
            (1) in-cell television viewing except for prisoners who are 
        segregated from the general prison population for their own 
        safety;
            (2) the viewing of R, X, and NC-17 rated movies, through 
        whatever medium presented;
            (3) any instruction (live or through broadcasts) or 
        training equipment for boxing, wrestling, judo, karate, 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 electronic 
        musical instrument.
    Sec. 611. None of the funds made available in title II for the 
National Oceanic and Atmospheric Administration 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 
having authority to obligate or expend such funds that such use would 
be inconsistent with the applicable provisions of 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 Commission is terminated.
    (b) Section 5(h) of the Export Administration Act of 1979 is 
repealed.
    (c)(1) Section 5002 of title 18, United States Code, is repealed.
    (2) The table of sections for chapter 401 of title 18, United 
States Code, is amended by 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-CANADIAN COOPERATION 
              CONCERNING AN OUTLET TO RELIEVE FLOODING AT DEVILS LAKE 
              IN NORTH DAKOTA.

    (a) Findings.--The Senate finds that--
            (1) flooding in Devils Lake Basin, North Dakota, has 
        resulted in water levels in the lake reaching their highest 
        point in 120 years;
            (2) basements are flooded and the town of Devils Lake is 
        threatened with lake water reaching the limits of the 
        protective dikes of the lake;
            (3) the Army Corps of Engineers and the Bureau of 
        Reclamation are now 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) (commonly known as the ``Boundary Water Treaty of 
        1909''), provides that ``waters flowing across the boundary 
        shall not be polluted on either side to the injury of health or 
        property on the other.'' (36 Stat. 2450).
    (b) Sense of the Senate.--It is the sense of the Senate that the 
United States Government should seek to establish a joint United 
States-Canadian technical committee to review the Devils Lake Basin 
outlet project to consider options for an outlet that would meet 
Canadian concerns with regard to the Boundary Water Treaty of 1909.
    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 that bear Federal Communications 
Commission File Numbers 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 Commission 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 further, 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 sector 
                energy service companies under title VIII of the 
                National Energy Conservation Policy Act (42 U.S.C. 8287 
                et seq.) to achieve during fiscal year 1996 at least a 
                5 percent reduction, from fiscal year 1995 levels, in 
                the energy use of the facilities used by the agency.
            (2) Goal.--The activities described in paragraph (1) should 
        be a key component of agency programs that will by the year 
        2000 result in a 20 percent reduction, from fiscal year 1985 
        levels, in the energy use of the facilities used by the agency, 
        as required by section 543 of the National Energy Conservation 
        Policy Act (42 U.S.C. 8253).
    (b) Use of Cost Savings.--An amount equal to the amount of cost 
savings realized by an agency under subsection (a) shall remain 
available for obligation through the end of fiscal year 2000, without 
further authorization or appropriation, as follows:
            (1) Conservation measures.--Fifty percent of the amount 
        shall remain available for the implementation of additional 
        energy conservation measures and for water conservation 
        measures at such facilities used by the agency as are 
        designated by the head of the agency.
            (2) Other purposes.--Fifty percent of the amount shall 
        remain available for use by the agency for such purposes as are 
        designated by the head of the agency, consistent with 
        applicable law.
    (c) Reports.--
            (1) By agency heads.--The head of each agency for which 
        funds are made available under this Act shall include in each 
        report of the agency to the Secretary of Energy under section 
        548(a) of the National Energy Conservation Policy Act (42 
        U.S.C. 8258(a)) a description of the results of the activities 
        carried out under subsection (a) and recommendations concerning 
        how to further reduce energy costs and energy consumption in 
        the future.
            (2) By secretary of energy.--The reports required under 
        paragraph (1) shall be included in the annual reports required 
        to be submitted to Congress by the Secretary of Energy under 
        section 548(b) of the Act (42 U.S.C. 8258(b)).
            (3) Contents.--With respect to the period since the date of 
        the preceding report, a report under paragraph (1) or (2) 
        shall--
                    (A) specify the total energy costs of the 
                facilities used by the agency;
                    (B) identify the reductions achieved;
                    (C) specify the actions that resulted in the 
                reductions;
                    (D) with respect to the procurement procedures of 
                the agency, specify what actions have been taken to--
                            (i) implement the procurement authorities 
                        provided by subsections (a) and (c) of section 
                        546 of the National Energy Conservation Policy 
                        Act (42 U.S.C. 8256); and
                            (ii) incorporate directly, or by reference, 
                        the requirements of the regulations issued by 
                        the Secretary of Energy under title VIII of the 
                        Act (42 U.S.C. 8287 et seq.); and
                    (E) specify--
                            (i) the actions taken by the agency to 
                        achieve the goal specified in subsection 
                        (a)(2);
                            (ii) the procurement procedures and methods 
                        used by the agency under section 546(a)(2) of 
                        the Act (42 U.S.C. 8256(a)(2)); and
                            (iii) the number of energy savings 
                        performance contracts entered into by the 
                        agency under title VIII of the Act (42 U.S.C. 
                        8287 et seq.).

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$55,000,000 are rescinded.

                         DEPARTMENT OF COMMERCE

       National Telecommunications and Information Administration

                   information infrastructure grants

                              (rescission)

    Of the unobligated balances available under this heading, 
$36,769,000 are rescinded.

             National Institute of Standards and Technology

                  construction of research facilities

                              (rescission)

    Of the unobligated balances available under this heading, 
$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 heading, 
$140,000,000 are rescinded.

                            RELATED AGENCIES

                    United States Information Agency

                           radio construction

                              (rescission)

    Of the unobligated balances available under this heading, 
$7,400,000 are rescinded.

                  TITLE VIII--PRISON LITIGATION REFORM

SEC. 801. SHORT TITLE.

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

SEC. 802. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.

    (a) In General.--Section 3626 of title 18, United States Code, is 
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
    ``(a) Requirements for Relief.--
            ``(1) Prospective relief.--(A) Prospective relief in any 
        civil action with respect to prison conditions shall extend no 
        further than necessary to correct the violation of the Federal 
        right of a particular plaintiff or plaintiffs. The court shall 
        not grant or approve any prospective relief unless the court 
        finds that such relief is narrowly drawn, extends no further 
        than necessary to correct the violation of the Federal right, 
        and is the least intrusive means necessary to correct the 
        violation of the Federal right. The court shall give 
        substantial weight to any adverse impact on public safety or 
        the operation of a criminal justice system caused by the 
        relief.
            ``(B) Nothing in this section shall be construed to 
        authorize the courts, in exercising their remedial powers, to 
        order the construction of prisons or the raising of taxes, or 
        to repeal or detract from otherwise applicable limitations on 
        the remedial powers of the courts.
            ``(2) Preliminary injunctive relief.--In any civil action 
        with respect to prison conditions, to the extent otherwise 
        authorized by law, the court may enter a temporary restraining 
        order or an order for preliminary injunctive relief. 
        Preliminary injunctive relief must be narrowly drawn, extend no 
        further than necessary to correct the harm the court finds 
        requires preliminary relief, and be the least intrusive means 
        necessary to correct that harm. Preliminary injunctive relief 
        shall automatically expire on the date that is 90 days after 
        its entry, unless the court makes the findings required under 
        subsection (a)(1) for the entry of prospective relief and makes 
        the order final before the expiration of the 90-day period.
            ``(3) Prisoner release order.--(A) In any civil action with 
        respect to prison conditions, no prisoner release order shall 
        be entered unless--
                    ``(i) a court has previously entered an order for 
                less intrusive relief that has failed to remedy the 
                deprivation of the Federal right sought to be remedied 
                through the prisoner release order; and
                    ``(ii) the defendant has had a reasonable amount of 
                time to comply with the previous court orders.
            ``(B) In any civil action in Federal court with respect to 
        prison conditions, a prisoner release order shall be entered 
        only by a three-judge court in accordance with section 2284 of 
        title 28, if the requirements of subparagraph (E) have been 
        met.
            ``(C) A party seeking a prisoner release order in Federal 
        court shall file with any request for such relief, a request 
        for a three-judge court and materials sufficient to demonstrate 
        that the requirements of subparagraph (A) have been met.
            ``(D) If the requirements under subparagraph (A) have been 
        met, a Federal judge before whom a civil action with respect to 
        prison conditions is pending who believes that a prison release 
        order should be considered may sua sponte request the convening 
        of a three-judge court to determine whether a prisoner release 
        order should be entered.
            ``(E) The court shall enter a prisoner release order only 
        if the court finds--
                    ``(i) by clear and convincing evidence--
                            ``(I) that crowding is the primary cause of 
                        the violation of a Federal right; and
                            ``(II) that no other relief will remedy the 
                        violation of the Federal right; and
                    ``(ii) by a preponderance of the evidence--
                            ``(I) that crowding has deprived a 
                        particular plaintiff or plaintiffs of at least 
                        one essential, identifiable human need; and
                            ``(II) that prison officials have acted 
                        with obduracy and wantonness in depriving the 
                        particular plaintiff or plaintiffs of the one 
                        essential, identifiable human need caused by 
                        the crowding.
            ``(F) Any State or local official or unit of government 
        whose jurisdiction or function includes the prosecution or 
        custody of persons who may be released from, or not admitted 
        to, a prison as a result of a prisoner release order shall have 
        standing to oppose the imposition or continuation in effect of 
        such relief and to seek termination of such relief, and shall 
        have the right to intervene in any proceeding relating to such 
        relief.
    ``(b) Termination of Relief.--
            ``(1) Termination of prospective relief.--(A) In any civil 
        action with respect to prison conditions in which prospective 
        relief is ordered, such relief shall be terminable upon the 
        motion of any party--
                    ``(i) 2 years after the date the court granted or 
                approved the prospective relief;
                    ``(ii) 1 year after the date the court has entered 
                an order denying termination of prospective relief 
                under this paragraph; or
                    ``(iii) in the case of an order issued on or before 
                the date of enactment of the Prison Litigation Reform 
                Act, 2 years after such date of enactment.
            ``(B) Nothing in this section shall prevent the parties 
        from agreeing to terminate or modify relief before the relief 
        is terminated under subparagraph (A).
            ``(2) Immediate termination of prospective relief.--In any 
        civil action with respect to prison conditions, a defendant or 
        intervener shall be entitled to the immediate termination of 
        any prospective relief if the relief was approved or granted in 
        the absence of a finding by the court that the relief is 
        narrowly drawn, extends no further than necessary to correct 
        the violation of the Federal right, and is the least intrusive 
        means necessary to correct the violation of the Federal right.
            ``(3) Limitation.--Prospective relief shall not terminate 
        if the court makes written findings based on the record that 
        prospective relief remains necessary to correct a current or 
        ongoing violation of the Federal right, extends no further than 
        necessary to correct the violation of the Federal right, and 
        that the prospective relief is narrowly drawn and the least 
        intrusive means to correct the violation.
            ``(4) Termination or modification of relief.--Nothing in 
        this section shall prevent any party from seeking modification 
        or termination before the relief is terminable under paragraph 
        (1) or (2), to the extent that modification or termination 
        would otherwise be legally permissible.
    ``(c) Settlements.--
            ``(1) Consent decrees.--In any civil action with respect to 
        prison conditions, the court shall not enter or approve a 
        consent decree unless it complies with the limitations on 
        relief set forth in subsection (a).
            ``(2) Private settlement agreements.--(A) Nothing in this 
        section shall preclude parties from entering into a private 
        settlement agreement that does not comply with the limitations 
        on relief set forth in subsection (a), if the terms of that 
        agreement are not subject to court enforcement other than the 
        reinstatement of the civil proceeding that the agreement 
        settled.
            ``(B) Nothing in this section shall preclude any party 
        claiming that a private settlement agreement has been breached 
        from seeking in State court any remedy for breach of contract 
        available under State law.
    ``(d) State Law Remedies.--The limitations on remedies in this 
section shall not apply to relief entered by a State court based solely 
upon claims arising under State law.
    ``(e) Procedure for Motions Affecting Prospective Relief.--
            ``(1) Generally.--The court shall promptly rule on any 
        motion to modify or terminate prospective relief in a civil 
        action with respect to prison conditions.
            ``(2) Automatic stay.--Any prospective relief subject to a 
        pending motion shall be automatically stayed during the 
        period--
                    ``(A)(i) beginning on the 30th day after such 
                motion is filed, in the case of a motion made under 
                paragraph (1) or (2) of subsection (b); or
                    ``(ii) beginning on the 180th day after such motion 
                is filed, in the case of a motion made under subsection 
                (b)(4); and
                    ``(B) ending on the date the court enters a final 
                order ruling on the motion.
    ``(f) Special Masters.--
            ``(1) In general.--(A) In any civil action in a Federal 
        court with respect to prison conditions, the court may appoint 
        a disinterested and objective special master, who will give due 
        regard to the public safety, to conduct hearings on the record 
        and prepare proposed findings of fact.
            ``(B) The court shall appoint a special master under this 
        subsection during the remedial phase of the action only upon a 
        finding that the remedial phase will be sufficiently complex to 
        warrant the appointment.
            ``(2) Appointment.--(A) If the court determines that the 
        appointment of a special master is necessary, the court shall 
        request that the defendant institution and the plaintiff each 
        submit a list of not more than 5 persons to serve as a special 
        master.
            ``(B) Each party shall have the opportunity to remove up to 
        3 persons from the opposing party's list.
            ``(C) The court shall select the master from the persons 
        remaining on the list after the operation of subparagraph (B).
            ``(3) Interlocutory appeal.--Any party shall have the right 
        to an interlocutory appeal of the judge's selection of the 
        special master under this subsection, on the ground of 
        partiality.
            ``(4) Compensation.--The compensation to be allowed to a 
        special master under this section shall be based on an hourly 
        rate not greater than the hourly rate established under section 
        3006A for payment of court-appointed counsel, plus costs 
        reasonably incurred by the special master. Such compensation 
        and costs shall be paid with funds appropriated to the Federal 
        Judiciary.
            ``(5) Regular review of appointment.--In any civil action 
        with respect to prison conditions in which a special master is 
        appointed under this subsection, the court shall review the 
        appointment of the special master every 6 months to determine 
        whether the services of the special master continue to be 
        required under paragraph (1). In no event shall the appointment 
        of a special master extend beyond the termination of the 
        relief.
            ``(6) Limitations on powers and duties.--A special master 
        appointed under this subsection--
                    ``(A) shall make any findings based on the record 
                as a whole;
                    ``(B) shall not make any findings or communications 
                ex parte; and
                    ``(C) may be removed at any time, but shall be 
                relieved of the appointment upon the termination of 
                relief.
    ``(g) Definitions.--As used in this section--
            ``(1) the term `consent decree' means any relief entered by 
        the court that is based in whole or in part upon the consent or 
        acquiescence of the parties but dues not include private 
        settlements;
            ``(2) the term `civil action with respect to prison 
        conditions' means any civil proceeding arising under Federal 
        law with respect to the conditions of confinement or the 
        effects of actions by government officials on the lives of 
        persons confined in prison, but does not include habeas corpus 
        proceedings challenging the fact or duration of confinement in 
        prison;
            ``(3) the term `prisoner' means any person subject to 
        incarceration, detention, or admission to any facility who is 
        accused of, convicted of, sentenced for, or adjudicated 
        delinquent for, violations of criminal law or the terms and 
        conditions of parole, probation, pretrial release, or 
        diversionary program;
            ``(4) the term `prisoner release order' includes any order, 
        including a temporary restraining order or preliminary 
        injunctive relief, that has the purpose or effect of reducing 
        or limiting the prison population, or that directs the release 
        from or nonadmission of prisoners to a prison;
            ``(5) the term `prison' means any Federal, State, or local 
        facility that incarcerates or detains juveniles or adults 
        accused of, convicted of, sentenced for, or adjudicated 
        delinquent for, violations of criminal law;
            ``(6) the term `private settlement agreement' means an 
        agreement entered into among the parties that is not subject to 
        judicial enforcement other than the reinstatement of the civil 
        proceeding that the agreement settled;
            ``(7) the term `prospective relief' means all relief other 
        than compensatory monetary damages; and
            ``(8) the term `relief' means all relief in any form that 
        may be granted or approved by the court, and includes consent 
        decrees but does not include private settlement agreements.''.
    (b) Application of Amendment.--
            (1) In general.--Section 3626 of title 18, United States 
        Code, as amended by this section, shall apply with respect to 
        all prospective relief whether such relief was originally 
        granted or approved before, on, or after the date of the 
        enactment of this title.
            (2) Technical amendment.--Subsections (b) and (d) of 
        section 20409 of the Violent Crime Control and Law Enforcement 
        Act of 1994 are repealed.
    (c) Clerical Amendment.--The table of sections at the beginning of 
subchapter C of chapter 229 of title 18, United States Code, is amended 
to read as follows:

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

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

    (a) Initiation of Civil Actions.--Section 3(c) of the Civil Rights 
of Institutionalized Persons Act (42 U.S.C. 1997a(c)) (referred to in 
this section as the ``Act'') is amended to read as follows:
    ``(c) The Attorney General shall personally sign any complaint 
filed pursuant to this section.''.
    (b) Certification Requirements.--Section 4 of the Act (42 U.S.C. 
1997b) is amended--
            (1) in subsection (a)--
                    (A) by striking ``he'' each place it appears and 
                inserting ``the Attorney General''; and
                    (B) by striking ``his'' and inserting ``the 
                Attorney General's''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) The Attorney General shall personally sign any certification 
made pursuant to this section.''.
    (c) Intervention in Actions.--Section 5 of the Act (42 U.S.C. 
1997c) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``he'' each place 
                it appears and inserting ``the Attorney General''; and
                    (B) by amending paragraph (2) to read as follows:
    ``(2) The Attorney General shall personally sign any certification 
made pursuant to this section.''; and
            (2) by amending subsection (c) to read as follows:
    ``(c) The Attorney General shall personally sign any motion to 
intervene made pursuant to this section.''.
    (d) Suits by Prisoners.--Section 7 of the Act (42 U.S.C. 1997e) is 
amended to read as follows:

``SEC. 7. SUITS BY PRISONERS.

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

SEC. 804. PROCEEDINGS IN FORMA PAUPERIS.

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

SEC. 805. JUDICIAL SCREENING.

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

``1915A. Screening.''.

SEC. 806. FEDERAL TORT CLAIMS.

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

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

    (a) In General.--Chapter 123 of title 28, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1932. Revocation of earned release credit
    ``In any civil action brought by an adult convicted of a crime and 
confined in a Federal correctional facility, the court may order the 
revocation of such earned good time credit under section 3624(b) of 
title 18, United States Code, that has not yet vested, if, on its own 
motion or the motion of any party, the court finds that--
            ``(1) the claim was filed for a malicious purpose;
            ``(2) the claim was filed solely to harass the party 
        against which it was filed; or
            ``(3) the claimant testifies falsely or otherwise knowingly 
        presents false evidence or information to the court.''.
    (b) Technical Amendment.--The analysis for chapter 123 of title 28, 
United States Code, is amended by inserting after the item relating to 
section 1931 the following:

``1932. Revocation of earned release credit.''.
    (c) Amendment of Section 3624 of Title 18.--Section 3624(b) of 
title 18, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking the first sentence;
                    (B) in the second sentence--
                            (i) by striking ``A prisoner'' and 
                        inserting ``Subject to paragraph (2), a 
                        prisoner'';
                            (ii) by striking ``for a crime of 
                        violence,''; and
                            (iii) by striking ``such'';
                    (C) in the third sentence, by striking ``If the 
                Bureau'' and inserting ``Subject to paragraph (2), if 
                the Bureau'';
                    (D) by striking the fourth sentence and inserting 
                the following: ``In awarding credit under this section, 
                the Bureau shall consider whether the prisoner, during 
                the relevant period, has earned, or is making 
                satisfactory progress toward earning, a high school 
                diploma or an equivalent degree.''; and
                    (E) in the sixth sentence, by striking ``Credit for 
                the last'' and inserting ``Subject to paragraph (2), 
                credit for the last''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Notwithstanding any other law, credit awarded under 
        this subsection after the date of enactment of the Prison 
        Litigation Reform Act shall vest on the date the prisoner is 
        released from custody.''.
    This Act may be cited as the ``Departments of Commerce, Justice, 
and State, the Judiciary, and Related Agencies Appropriations Act, 
1996''.

            Attest:

                                                             Secretary.
104th CONGRESS

  1st Session

                               H. R. 2076

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                               AMENDMENT

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