    [Congressional Bills 104th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 3019 Engrossed Amendment Senate (EAS)]

                      In the Senate of the United States,

                                                            March 19, 1996.
          Resolved, That the bill from the House of Representatives (H.R.
    3019) entitled ``An Act making appropriations for fiscal year 1996 to
    make a further downpayment toward a balanced budget, 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, and out of applicable corporate or
    other revenues, receipts, and funds, for the several departments,
    agencies, corporations, and other organizational units of the
    Government for the fiscal year 1996, and for other purposes, namely:

                        TITLE I--OMNIBUS APPROPRIATIONS

        Sec. 101. (a) Such amounts as may be necessary for programs,
    projects or activities provided for in the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
    Act, 1996 at a rate of operations and to the extent and in the manner
    provided as follows, to be effective as if it had been enacted into law
    as the regular appropriations Act:

                                     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.

                         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
    76 permanent positions and 90 full-time equivalent workyears and
    $9,487,000 shall be expended for the Offices of Legislative Affairs,
    Public Affairs and Policy Development: Provided further, That the
    latter three aforementioned offices 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.

                             counterterrorism fund

        For necessary expenses, as determined by the Attorney General,
    $16,898,000, 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, $38,886,000:
    Provided, That the obligated and unobligated balances of funds
    previously appropriated to the General Administration, Salaries and
    Expenses appropriation for the Executive Office for Immigration Review
    and the Office of the Pardon Attorney shall be merged with this
    appropriation.

      violent crime reduction programs, administrative review and appeals

        For activities authorized by sections 130005 and 130007 of Public
    Law 103-322, $47,780,000, to remain available until expended, which
    shall be derived from the Violent Crime Reduction Trust Fund: Provided,
    That the obligated and unobligated balances of funds previously
    appropriated to the General Administration, Salaries and Expenses
    appropriation under title VIII of Public Law 103-317 for the Executive
    Office for Immigration Review shall be merged with this appropriation.

                          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, $28,960,000; 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

                         (including transfer of funds)

        For expenses necessary for the legal activities of the Department
    of Justice, not otherwise provided for, 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; $401,929,000; 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).
        In addition, for Salaries and Expenses, General Legal Activities,
    $12,000,000 shall be made available to be derived by transfer from
    unobligated balances of the Working Capital Fund in the Department of
    Justice.

           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, $7,591,000, 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
    kindered laws, $65,783,000: Provided, That notwithstanding any other
    provision of law, not to exceed $48,262,000 of offsetting collections
    derived from fees collected for premeger 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 $17,521,000: 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, $895,509,000, 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: Provided further, That in
    addition to reimbursable full-time equivalent workyears available to
    the Office of the United States Attorneys, not to exceed 8,595
    positions and 8,862 full-time equivalent workyears shall be supported
    from the funds appropriated in this Act for the United States
    Attorneys.

           violent crime reduction programs, united states attorneys

        For activities authorized by sections 190001(d), 40114 and 130005
    of Public Law 103-322, $30,000,000, to remain available until expended,
    which shall be derived from the Violent Crime Reduction Trust Fund, of
    which $20,269,000 shall be available to help meet increased demands for
    litigation and related activities, $500,000 to implement a program to
    appoint additional Federal Victim's Counselors, and $9,231,000 for
    expeditious deportation of denied asylum applicants.

                       united states trustee system fund

        For necessary expenses of the United States Trustee Program,
    $102,390,000, 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 $102,390,000
    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 $58,199,000: 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, $830,000.

             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; $423,248,000, 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, $25,000,000, to remain available until expended, which shall be
    derived from the Violent Crime Reduction Trust Fund.

                           federal prisoner detention

                         (including transfer of funds)

        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; $252,820,000, as authorized by 28
    U.S.C. 561(i), to remain available until expended.
        In addition, for Federal Prisoner Detention, $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.

                         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, renovations, 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.

               salaries and expenses, community relations service

        For necessary expenses of the Community Relations Service,
    established by title X of the Civil Rights Act of 1964, $5,319,000:
    Provided, That notwithstanding any other provision of this title, upon
    a determination by the Attorney General that emergent circumstances
    require additional funding for conflict prevention and resolution
    activities of the Community Relations Service, the Attorney General may
    transfer such amounts to the Community Relations Service, from
    available appropriations for the current fiscal year for the Department
    of Justice, as may be necessary to respond to such circumstances:
    Provided further, That any transfer pursuant to this section shall be
    treated as a reprogramming 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.

                             assets forfeiture fund

        For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), (C),
    (F), and (G), as amended, $30,000,000 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

                         (including transfer of funds)

        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; $2,189,183,000, 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
    $102,345,000 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; 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: Provided
    further, That $58,000,000 shall be made available for NCIC 2000, of
    which not less than $35,000,000 shall be derived from ADP and
    Telecommunications unobligated balances, and of which $22,000,000 shall
    be derived by transfer and available until expended from unobligated
    balances in the Working Capital Fund of the Department of Justice.

                        violent crime reduction programs

        For activities authorized by Public Law 103-322, $218,300,000, to
    remain available until expended, which shall be derived from the
    Violent Crime Reduction Trust Fund, of which $208,800,000 shall be for
    activities authorized by section 190001(c); $4,000,000 for Training and
    Investigative Assistance authorized by section 210501(c)(2); and
    $5,500,000 for establishing DNA quality assurance and proficiency
    testing standards, establishing an index to facilitate law enforcement
    exchange of DNA identification information, and related activities
    authorized by section 210306.

                                  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; $97,589,000, 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;
    $750,168,000, 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 sections 180104 and 190001(b) of
    Public Law 103-322, $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; $1,394,825,000, of which $36,300,000 shall
    remain available until September 30, 1997; of which $506,800,000 is
    available for the Border Patrol; 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 none of the
    funds provided in this or any other Act shall be used for the continued
    operation of the San Clemente and Temecula checkpoints unless: (1) the
    checkpoints are open and traffic is being checked on a continuous 24-
    hour basis and (2) the Immigration and Naturalization Service
    undertakes a commuter lane facilitation pilot program at the San
    Clemente checkpoint within 90 days of enactment of this Act: Provided
    further, That the Immigration and Naturalization Service shall
    undertake the renovation and improvement of the San Clemente
    checkpoint, to include the addition of two to four lanes, and which
    shall be exempt from Federal procurement regulations for contract
    formation, from within existing balances in the Immigration and
    Naturalization Service Construction account: Provided further, That if
    renovation of the San Clemente checkpoint is not completed by July 1,
    1996, the San Clemente checkpoint will close until such time as the
    renovations and improvements are completed unless funds for the
    continued operation of the checkpoint are provided and made available
    for obligation and expenditure in accordance with procedures set forth
    in section 605 of this Act, as the result of certification by the
    Attorney General that exigent circumstances require the checkpoint to
    be open and delays in completion of the renovations are not the result
    of any actions that are or have been in the control of the Department
    of Justice: 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: Provided further, That in addition to amounts
    otherwise made available in this title to the Attorney General, the
    Attorney General is authorized to accept and utilize, on behalf of the
    United States, the $100,000 Innovation in American Government Award for
    1995 from the Ford Foundation for the Immigration and Naturalization
    Service's Operation Jobs program.

                        violent crime reduction programs

        For activities authorized by sections 130005, 130006, and 130007 of
    Public Law 103-322, $316,198,000, to remain available until expended,
    which will be derived from the Violent Crime Reduction Trust Fund, of
    which $38,704,000 shall be for expeditious deportation of denied asylum
    applicants, $231,570,000 for improving border controls, and $45,924,000
    for expanded special deportation proceedings: Provided, That of the
    amounts made available, $75,765,000 shall be for the Border Patrol.

                                  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, $25,000,000, 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; $2,567,578,000: 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.

                            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;
    $334,728,000, 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, $99,977,000, 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''); $202,400,000, to remain
    available until expended, which shall be derived from the Violent Crime
    Reduction Trust Fund; of which $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; $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 the 1994 Act; $27,000,000 for grants for
    residential substance abuse treatment for State prisoners authorized by
    section 1001(a)(17) 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, 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, $388,000,000, 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), of which $60,000,000
    shall be 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, 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.

       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''); $3,005,200,000, to remain
    available until expended, which shall be derived from the Violent Crime
    Reduction Trust Fund; of which $1,903,000,000 shall be for Local Law
    Enforcement Block Grants, pursuant to H.R. 728 as passed by the House
    of Representatives on February 14, 1995 for the purposes set forth in
    paragraphs (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728
    and for establishing crime prevention programs involving cooperation
    between community residents and law enforcement personnel in order to
    control, detect, or investigate crime or the prosecution of criminals:
    Provided, That recipients are encouraged to use these funds to hire
    additional law enforcement officers: Provided further, That no less
    than $975,000,000 of this amount shall be available for Public Safety
    and Community Policing grants pursuant to title I of the 1994 Act:
    Provided further, That no less than $20,000,000 shall be for the
    District of Columbia Metropolitan Police Department to be used at the
    discretion of the police chief for law enforcement purposes,
    conditioned upon prior written consultation and notification being
    given to the chairman and ranking members of the House and Senate
    Committees on the Judiciary and Appropriations: Provided further, That
    no less than $25,000,000 of this amount shall be for drug courts
    pursuant to title V of the 1994 Act: Provided further, That not less
    than $20,000,000 of this amount shall be for Boys & Girls Clubs of
    America for the establishment of Boys & Girls Clubs in public housing
    facilities and other areas in cooperation with State and local law
    enforcement: Provided further, That not less than $80,000,000 of such
    amount shall be for crime prevention block grants pursuant to subtitle
    B of title III of the 1994 Act: Provided further, That funds may also
    be used to defray the costs of indemnification insurance for law
    enforcement officers: Provided further, That $10,000,000 of this amount
    shall be available for programs of Police Corps education, training and
    service as set forth in sections 200101-200113 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;
    $147,000,000 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; $617,500,000 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), of which
    $200,000,000 shall be available for payments to States for
    incarceration of criminal aliens, and of which $12,500,000 shall be
    available for the Cooperative Agreement Program; $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; $1,000,000 for Law
    Enforcement Family Support Programs, as authorized by section
    1001(a)(21) of the 1968 Act; $500,000 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; $200,000
    for grants as authorized by section 32201(c)(3) of the 1994 Act:
    Provided further, 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, $28,500,000, which shall be derived from
    discretionary grants provided under the Edward Byrne Memorial State and
    Local Law Enforcement Assistance Programs, 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, $144,000,000, 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) $10,000,000 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; (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 this Act may be used to
    establish and publicize a program under which publicly-advertised,
    extraordinary rewards may be paid, which 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 ``salaries and expenses, Community Relations
    Service'' or 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 investment shall be deposited in the
    Commissary Fund.
        Sec. 109. (a) Section 524(c)(8)(E) of title 28, United States Code,
    is amended by deleting ``1994'' and inserting ``1995'' in place
    thereof.
        (b) Section 524(c)(9) is amended to read as follows: ``(9)
    Following the completion of procedures for the forfeiture of property
    pursuant to any law enforced or administered by the Department, the
    Attorney General is authorized, at his discretion, to warrant clear
    title to any subsequent purchaser or transferee of such property.''.
        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 finger-print identification''.
        Sec. 114. (a) Grant Program.--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. DEFINITIONS.

        ``As used in this subtitle--
                ``(1) the term `indeterminate sentencing' means a system by
            which--
                        ``(A) the court may impose a sentence of a range
                    defined by statute; and
                        ``(B) an administrative agency, generally the
                    parole board, or the court, controls release within the
                    statutory range;
                        ``(2) the term `sentencing guidelines' means a
                    system of sentences which--
                                ``(A) is established for use by a
                            sentencing court in determining the sentence to
                            be imposed in a criminal case; and
                                ``(B) increases certainty in sentencing,
                            thereby providing assurances to victims of the
                            sentence to be served;
                ``(3) the term `part 1 violent crime' means murder and
            nonnegligent manslaughter, forcible rape, robbery, and
            aggravated assault as reported to the Federal Bureau of
            Investigation for purposes of the Uniform Crime Reports; and
                ``(4) the term `State' means a State of the United States,
            the District of Columbia, or any commonwealth, territory, or
            possession of the United States.

    ``SEC. 20102. AUTHORIZATION OF GRANTS.

        ``(a) In General.--The Attorney General shall provide Violent
    Offender Incarceration grants under section 20103(a) and Truth-in-
    Sentencing Incentive grants under section 20103(b) to eligible States--
                ``(1) to build or expand correctional facilities to
            increase the bed capacity for the confinement of persons
            convicted of a part 1 violent crime or adjudicated delinquent
            for an act which if committed by an adult, would be a part 1
            violent crime;
                ``(2) to build or expand temporary or permanent
            correctional facilities, including facilities on military
            bases, prison barges, and boot camps, for the confinement of
            convicted nonviolent offenders and criminal aliens, for the
            purpose of freeing suitable existing prison space for the
            confinement of persons convicted of a part 1 violent crime; and
                ``(3) to build or expand jails.
        ``(b) Regional Compacts.--
                ``(1) In general.--Subject to paragraph (2), States may
            enter into regional compacts to carry out this subtitle. Such
            compacts shall be treated as States under this subtitle.
                ``(2) Requirement.--To be recognized as a regional compact
            for eligibility for a grant under section 20103 (a) or (b),
            each member State must be eligible individually.
                ``(3) Limitation on receipt of funds.--No State may receive
            a grant under this subtitle both individually and as part of a
            compact.
        ``(c) Applicability.--Notwithstanding the eligibility requirements
    of section 20103, a State that certifies to the Attorney General that,
    as of the date of enactment of the Department of Justice Appropriations
    Act, 1996, such State has enacted legislation in reliance on subtitle A
    of title II of the Violent Crime Control and Law Enforcement Act, as
    enacted on September 13, 1994, and would in fact qualify under those
    provisions, shall be eligible to receive a grant for fiscal year 1996
    as though such State qualifies under section 20103 of this subtitle.

    ``SEC. 20103. GRANT ELIGIBILITY.

        ``(a) Violent Offender Incarceration Grants.--To be eligible to
    receive a grant under this subtitle, a State shall submit an
    application to the Attorney General that provides assurances that the
    State has 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) Truth-in-Sentencing Incentives.--
                ``(1) Eligibility.--To be eligible to receive an additional
            grant award under this subsection, a State shall submit an
            application to the Attorney General that demonstrates that--
                        ``(A) such State has implemented truth-in-
                    sentencing laws that--
                                ``(i) require persons convicted of a part 1
                            violent crime to serve not less than 85 percent
                            of the sentence imposed (not counting time not
                            actually served, such as administrative or
                            statutory incentives for good behavior); or
                                ``(ii) result in persons convicted of a
                            part 1 violent crime serving on average not
                            less than 85 percent of the sentence imposed
                            (not counting time not actually served, such as
                            administrative or statutory incentives for good
                            behavior);
                        ``(B) such State has truth-in-sentencing laws that
                    have been enacted, but not yet implemented, that
                    require such State, not later than 3 years after such
                    State submits an application to the Attorney General,
                    to provide that persons convicted of a part 1 violent
                    crime serve not less than 85 percent of the sentence
                    imposed (not counting time not actually served, such as
                    administrative or statutory incentives for good
                    behavior);
                        ``(C) in the case of a State that on the date of
                    enactment of the Departments of Commerce, Justice, and
                    State, the Judiciary and Related Agencies
                    Appropriations Act, 1996, practices indeterminate
                    sentencing with regard to any part 1 violent crime,
                    persons convicted of a part 1 violent crime in such
                    State on average serve not less than 85 percent of the
                    sentence established under the State's sentencing
                    guidelines (not counting time not actually served, such
                    as administrative or statutory incentives for good
                    behavior); or
                        ``(D) the number of new court commitments to prison
                    for part 1 violent crimes has increased by 10 percent
                    or more over the most recent 3-year period.
                ``(2) Exception.--Notwithstanding paragraph (1), a State
            may provide that the Governor of the State may allow for the
            earlier release of--
                        ``(A) a geriatric prisoner; or
                        ``(B) a prisoner whose medical condition precludes
                    the prisoner from posing a threat to the public, but
                    only after a public hearing in which representatives of
                    the public and the prisoner's victims have had an
                    opportunity to be heard regarding a proposed release.

    ``SEC. 20104. SPECIAL RULES.

        ``(a) Sharing of Funds With Counties and Other Units of Local
    Government.--
                ``(1) Reservation.--Each State shall reserve not more than
            15 percent of the amount of funds allocated in a fiscal year
            pursuant to section 20105 for counties and units of local
            government to construct, develop, expand, modify, or improve
            jails and other correctional facilities.
                ``(2) Factors for determination of amount.--To determine
            the amount of funds to be reserved under this subsection, a
            State shall consider the burden placed on a county or unit of
            local government that results from the implementation of
            policies adopted by the State to carry out section 20103.
        ``(b) Additional Requirement.--To be eligible to receive a grant
    under section 20103, a State shall provide assurances to the Attorney
    General that the State has implemented or will implement not later than
    18 months after the date of the enactment of this subtitle policies
    that provide for the recognition of the rights and needs of crime
    victims.
        ``(c) Funds for Juvenile Offenders.--Notwithstanding any other
    provision of this subtitle, if a State, or unit of local government
    located in a State that otherwise meets the requirements of section
    20103, certifies to the Attorney General that exigent circumstances
    exist that require the State to expend funds to build or expand
    facilities to confine juvenile offenders other than juvenile offenders
    adjudicated delinquent for an act which, if committed by an adult,
    would be a part 1 violent crime, the State may use funds received under
    this subtitle to build or expand juvenile correctional facilities or
    pretrial detention facilities for juvenile offenders.
        ``(d) Private Facilities.--A State may use funds received under
    this subtitle for the privatization of facilities to carry out the
    purposes of section 20102.
        ``(e) Definition.--In a case in which a State defines a part 1
    violent crime differently than the definition provided in the Uniform
    Crime Reports, the Attorney General shall determine and designate
    whether the definition by such State is substantially similar to the
    definition provided in the Uniform Crime Reports.

    ``SEC. 20105. FORMULA FOR GRANTS.

        ``In determining the amount of funds that may be granted to each
    State eligible to receive a grant under section 20103, the Attorney
    General shall apply the following formula:
                ``(1) Minimum amount for grants under section 20103(a).--Of
            the amount set aside for grants for section 20103(a), 0.75
            percent shall be allocated to each eligible State, except that
            the United States Virgin Islands, American Samoa, Guam, and the
            Commonwealth of the Northern Mariana Islands shall each be
            allocated 0.05 percent.
                ``(2) Minimum amount for grants under section 20103(b).--Of
            the amount set aside for additional grant awards under section
            20103(b)--
                        ``(A) if fewer than 20 States are awarded grants
                    under section 20103(b), 2.5 percent of the amounts paid
                    shall be allocated to each eligible State, except that
                    the United States Virgin Islands, American Samoa, Guam,
                    and the Commonwealth of the Northern Mariana Islands
                    shall each be allocated 0.05 percent; and
                        ``(B) if 20 or more States are awarded grants under
                    section 20103(b), 2.0 percent of the amounts awarded
                    shall be allocated to each eligible State, except that
                    the United States Virgin Islands, American Samoa, Guam,
                    and the Commonwealth of the Northern Mariana Islands
                    shall each be allocated 0.04 percent.
                ``(3) Allocation of additional amounts.--
                        ``(A) Allocation of remaining amounts under section
                    20103(a).--The amounts remaining after the application
                    of paragraph (1) shall be allocated to each eligible
                    State in the ratio that the population of such State
                    bears to the population of all States.
                        ``(B) Distribution of remaining amounts under
                    section 20103(b).--The amounts remaining after the
                    application of paragraph (2) shall be allocated to each
                    eligible State in the ratio that the average annual
                    number of part 1 violent crimes reported by such State
                    to the Federal Bureau of Investigation for the 3 years
                    preceding the year in which the determination is made
                    bears to the average annual number of part 1 violent
                    crimes reported by all such States to the Federal
                    Bureau of Investigation for the 3 years preceding the
                    year in which the determination is made.
                        ``(C) Unavailable data.--If data regarding part 1
                    violent crimes in any State is unavailable for the 3
                    years preceding the year in which the determination is
                    made 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.
                ``(4) Regional compacts.--In determining the funds that
            States organized as a regional compact may receive, the
            Attorney General shall first apply the formula in either
            paragraph (1) or (2) and (3) of this section to each member
            State of the compact. The States organized as a regional
            compact may receive the sum of the amounts so determined.

    ``SEC. 20106. ACCOUNTABILITY.

        ``(a) Fiscal Requirements.--A State that receives funds under this
    subtitle shall use accounting, audit, and fiscal procedures that
    conform to guidelines prescribed by the Attorney General, and shall
    ensure that any funds used to carry out the programs under section
    20102(a) shall represent the best value for the State governments at
    the lowest possible cost and employ the best available technology.
        ``(b) Administrative Provisions.--The administrative provisions of
    sections 801 and 802 of the Omnibus Crime Control and Safe Streets Act
    of 1968 shall apply to the Attorney General under this subtitle in the
    same manner that such provisions apply to the officials listed in such
    sections.

    ``SEC. 20107. AUTHORIZATION OF APPROPRIATIONS.

        ``(a) In General.--
                ``(1) Authorizations.--There are authorized to be
            appropriated to carry out this subtitle--
                        ``(A) $997,500,000 for fiscal year 1996;
                        ``(B) $1,330,000,000 for fiscal year 1997;
                        ``(C) $2,527,000,000 for fiscal year 1998;
                        ``(D) $2,660,000,000 for fiscal year 1999; and
                        ``(E) $2,753,100,000 for fiscal year 2000.
                ``(2) Distribution.--
                        ``(A) In general.--Subject to section 20108, of the
                    amount appropriated pursuant to paragraph (1), the
                    Attorney General shall reserve--
                                ``(i) in fiscal year 1996, 50 percent for
                            grants under section 20103(a), and 50 percent
                            for additional incentive awards under section
                            20103(b);
                                ``(ii) in fiscal year 1997, 30 percent for
                            grants under section 20103(a), and 70 percent
                            for additional incentive awards under section
                            20103(b);
                                ``(iii) in fiscal year 1998, 20 percent for
                            grants under section 20103(a), and 80 percent
                            for additional incentive awards under section
                            20103(b);
                                ``(iv) in fiscal year 1999, 15 percent for
                            grants under section 20103(a), and 85 percent
                            for additional incentive awards under section
                            20103(b); and
                                ``(v) in fiscal year 2000, 10 percent for
                            grants under section 20103(a), and 90 percent
                            for additional incentive awards under section
                            20103(b);
                        ``(B) Distribution of minimum amounts.--The
                    Attorney General shall distribute minimum amounts
                    allocated under section 20105 (1) and (2) to an
                    eligible State not later than 30 days after receiving
                    an application that demonstrates that such State
                    qualifies for a Violent Offender Incarceration grant
                    under section 20103(a) or a Truth-in-Sentencing
                    Incentive grant under section 20103(b).
        ``(b) Limitations on Funds.--
                ``(1) Uses of funds.--Except as provided in section 20110,
            funds made available pursuant to this section shall be used
            only to carry out the purposes described in section 20102(a).
                ``(2) Nonsupplanting requirement.--Funds made available
            pursuant to this section shall not be used to supplant State
            funds, but shall be used to increase the amount of funds that
            would, in the absence of Federal funds, be made available from
            State sources.
                ``(3) Administrative costs.--Not more than 3 percent of the
            funds made available pursuant to this section shall be used for
            administrative costs.
                ``(4) Carryover of appropriations.--Funds appropriated
            pursuant to this section during any fiscal year shall remain
            available until expended.
                ``(5) Matching funds.--The Federal share of a grant
            received under this subtitle may not exceed 90 percent of the
            costs of a proposal as described in an application approved
            under this subtitle.

    ``SEC. 20108. PAYMENTS FOR INCARCERATION ON TRIBAL LANDS.

        ``(a) Reservation of Funds.--Notwithstanding any other provision of
    this subtitle, from amounts appropriated under section 20107 to carry
    out section 20103, the Attorney General shall reserve, to carry out
    this section--
                ``(1) 0.3 percent in each of fiscal years 1996 and 1997;
            and
                ``(2) 0.2 percent in each of fiscal years 1998, 1999, and
            2000.
        ``(b) Grants to Indian Tribes.--From the amounts reserved under
    subsection (a), the Attorney General may make grants to Indian tribes
    for the purposes of constructing jails on tribal lands for the
    incarceration of offenders subject to tribal jurisdiction.
        ``(c) Applications.--To be eligible to receive a grant under this
    section, an Indian tribe shall submit to the Attorney General an
    application in such form and containing such information as the
    Attorney General may by regulation require.

    ``SEC. 20109. PAYMENTS TO ELIGIBLE STATES FOR INCARCERATION OF CRIMINAL
                  ALIENS.

        ``(a) In General.--The Attorney General shall make a payment to
    each State which is eligible under section 242(j) of the Immigration
    and Nationality Act and which meets the eligibility requirements of
    section 20103, in such amount as is determined under section 242(j) and
    for which payment is not made to such State for such fiscal year under
    such section.
        ``(b) Authorization of Appropriations.--Notwithstanding any other
    provision of this subtitle, there are authorized to be appropriated to
    carry out this section from amounts authorized under section 20107, an
    amount which when added to amounts appropriated to carry out section
    242(j) of the Immigration and Nationality Act for fiscal year 1996
    equals $500,000,000 and for each of the fiscal years 1997 through 2000
    does not exceed $650,000,000.
        ``(c) Report to Congress.--Not later than May 15, 1999, the
    Attorney General shall submit a report to the Congress which contains
    the recommendation of the Attorney General concerning the extension of
    the program under this section.

    ``SEC. 20110. SUPPORT OF FEDERAL PRISONERS IN NON-FEDERAL INSTITUTIONS.

        ``(a) In General.--The Attorney General may make payments to States
    and units of local government for the purposes authorized in section
    4013 of title 18, United States Code.
        ``(b) Authorization of Appropriations.--Notwithstanding any other
    provision of this subtitle, there are authorized to be appropriated
    from amounts authorized under section 20107 for each of fiscal years
    1996 through 2000 such sums as may be necessary to carry out this
    section.

    ``SEC. 20111. REPORT BY THE ATTORNEY GENERAL.

        ``Beginning on July 1, 1996, and each July 1 thereafter, the
    Attorney General shall report to the Congress on the implementation of
    this subtitle, including a report on the eligibility of the States
    under section 20103, and the distribution and use of funds under this
    subtitle.''.
        (b) Preference in Payments.--Section 242(j)(4) of the Immigration
    and Nationality Act (8 U.S.C. 1252(j)(4)) is amended by adding at the
    end the following:
                        ``(C) In carrying out paragraph (1)(A), the
                    Attorney General shall give preference in making
                    payments to States and political subdivisions of States
                    which are ineligible for payments under section 20109
                    of the Violent Crime Control and Law Enforcement Act of
                    1994.''.
        (c) Conforming Amendments.--
                (1) Omnibus Crime Control and Safe Streets Act of 1968.--
                        (A) Part v.--Part V of title I of the Omnibus Crime
                    Control and Safe Streets Act of 1968 is repealed.
                        (B) Funding.--
                                (i) Section 1001(a) of the Omnibus Crime
                            Control and Safe Streets Act of 1968 is amended
                            by striking paragraph (20).
                                (ii) Notwithstanding the provisions of
                            subparagraph (A), any funds that remain
                            available to an applicant under paragraph (20)
                            of title I of the Omnibus Crime Control and
                            Safe Streets Act of 1968 shall be used in
                            accordance with part V of such Act as if such
                            Act was in effect on the day preceding the date
                            of enactment of this Act.
                (2) Violent Crime Control and Law Enforcement Act of
            1994.--
                        (A) Table of contents.--The table of contents of
                    the Violent Crime Control and Law Enforcement Act of
                    1994 is amended by striking the matter relating to
                    title V.
                        (B) Compliance.--Notwithstanding the provisions of
                    paragraph (1), any funds that remain available to an
                    applicant under title V of the Violent Crime Control
                    and Law Enforcement Act of 1994 shall be used in
                    accordance with such subtitle as if such subtitle was
                    in effect on the day preceding the date of enactment of
                    this Act.
                        (C) Truth-in-sentencing.--The table of contents of
                    the Violent Crime Control and Law Enforcement Act of
                    1994 is amended by striking the matter relating to
                    subtitle A of title II and inserting the following:

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

    ``Sec. 20101. Definitions.
    ``Sec. 20102. Authorization of Grants.
    ``Sec. 20103. Grant eligibility.
    ``Sec. 20104. Special rules.
    ``Sec. 20105. Formula for grants.
    ``Sec. 20106. Accountability.
    ``Sec. 20107. Authorization of appropriations.
    ``Sec. 20108. Payments for Incarceration on Tribal Lands.
    ``Sec. 20109. Payments to eligible States for incarceration of criminal
                                aliens.
    ``Sec. 20110. Support of Federal prisoners in non-Federal institutions.
    ``Sec. 20111. Report by the Attorney General.''.
        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 a period not to exceed 3
    years and 7 additional option years for the confinement of Federal
    prisoners.
        Sec. 116. The pilot debt collection project authorized by Public
    Law 99-578, as amended, is extended through September 30, 1997.
        Sec. 117. The definition of ``educational expenses'' in Section
    200103 of the Violent Crime Control and Law Enforcement Act of 1994,
    Public Law 103-322 is amended to read as follows:
                ``educational expenses'' means expenses that are directly
            attributable to--
                        (A) a course of education leading to the award of
                    the baccalaureate degree; or
                        (B) a course of graduate study following award of a
                    baccalaureate degree,
            including the cost of tuition, fees, books, supplies,
            transportation, room and board and miscellaneous expenses.
        Sec. 118. (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) Appropriation.--$11,800,000 is appropriated to carry out the
    provisions in this section and shall remain available until expended.
        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, $40,000,000, 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; $264,885,000, 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: Provided
    further, That payments and contributions collected and accepted for
    materials or services provided as part of such activities may be
    retained for use in covering the cost of such activities, and for
    providing information to the public with respect to the export
    administration and national security activities of the Department of
    Commerce and other export control programs of the United States and
    other governments.

                      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, and for trade adjustment assistance, $328,500,000:
    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, $20,000,000: 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

        For necessary expenses of the Department of Commerce in fostering,
    promoting, and developing minority business enterprise, including
    expenses of grants, contracts, and other agreements with public or
    private organizations, $32,000,000.

                    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,
    $45,900,000, 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, $150,300,000, 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, $17,000,000 to
    remain available until expended: Provided, That notwithstanding 31
    U.S.C. 1535(d), the Secretary of Commerce is authorized to charge
    Federal agencies for spectrum management, analysis, and operations, and
    related services: Provided further, That 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 related services
    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.

           public broadcasting facilities, planning and construction

        For grants authorized by section 392 of the Communications Act of
    1934, as amended, $15,500,000, 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, $21,500,000, to remain available until expended as
    authorized by section 391 of the Act, as amended: Provided, That not to
    exceed $3,000,000 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.

                          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, $259,000,000, to remain available until expended, of which
    not to exceed $8,500,000 may be transferred to the ``Working Capital
    Fund''.

                         industrial technology services

        For necessary expenses of the Manufacturing Extension Partnership
    of the National Institute of Standards and Technology, $80,000,000, 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.

                      construction of research facilities

        For construction of new research facilities, including
    architectural and engineering design, and 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,
    $60,000,000, 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; $1,802,677,000, 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 $1,799,677,000: 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, $63,000,000 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.

                          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, acquisition, leasing, or
    conversion of vessels, including related equipment to maintain and
    modernize the existing fleet and to continue planning the modernization
    of the 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 any new fishing vessel that will increase the harvesting capacity
    in any United States fishery.

                           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.

                 National Institute of Standards and Technology

                      construction of research facilities

                                  (rescission)

        Of the unobligated balances available under this heading,
    $75,000,000 are rescinded.

                   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. (a) Should legislation be enacted to dismantle or
    reorganize the Department of Commerce, the Secretary of Commerce, no
    later than 90 days thereafter, shall submit to the Committees on
    Appropriations of the House and the Senate a plan for transferring
    funds provided in this Act to the appropriate successor organizations:
    Provided, That the plan shall include a proposal for transferring or
    rescinding funds appropriated herein for agencies or programs
    terminated under such legislation: Provided further, That such plan
    shall be transmitted in accordance with section 605 of this Act.
        (b) The Secretary of Commerce or the appropriate head of any
    successor organization(s) may use any available funds to carry out
    legislation dismantling or reorganizing the Department of Commerce to
    cover the costs of actions relating to the abolishment, reorganization
    or transfer of functions and any related personnel action, including
    voluntary separation incentives if authorized by such legislation:
    Provided, That the authority to transfer funds between appropriations
    accounts that may be necessary to carry out this section is provided in
    addition to authorities included under section 205 of this Act:
    Provided further, That use of funds to carry out 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: Provided
    further, That no monies appropriated under this Act or any other law
    shall be used by the Secretary of Commerce to issue final
    determinations under 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 Endangered Species Act, and may be used to issue emergency
    listings under section 4(b)(7) of the Endangered Species Act.
        Sec. 207. 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. 208. (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. 209. Any costs incurred by a Department or agency funded under
    this title resulting from personnel actions taken in response to
    funding reductions included in this title shall be absorbed within the
    total budgetary resources available to such Department or agency:
    Provided, That the authority to transfer funds between appropriations
    accounts as may be necessary to carry out this provision is provided in
    addition to authorities included elsewhere in this Act: Provided
    further, That use of funds to carry out 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.
        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 $500,000
    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, $2,433,141,000 (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), $267,217,000, 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, $17,914,000; 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 ``Courts of Appeals, District Courts, and other Judicial
    Services, Defender Services'', 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. 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''.
        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, $1,708,800,000: Provided, That
    notwithstanding section 140(a)(5), and 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.
        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 and shall remain available until expended.
    Of the latter amount, $9,600,000 shall not be made available until
    expiration of the 15 day period beginning on the date when the
    Secretary of State and the Director of the Diplomatic
    Telecommunications Service submit the 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 of 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, $363,276,000.
        For an additional amount for security enhancements to counter the
    threat of terrorism, $1,870,000, to remain available until expended.

                            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.), $27,369,000, notwithstanding section 209(a)(1)
    of the Foreign Service Act of 1980 (Public Law 96-465), as it relates
    to post inspections: 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.

               security and maintenance of united states missions

        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), $385,760,000, 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, $700,000,000:
    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.

            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 shall be
    obligated or expended 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, $12,058,000.

                                  construction

        For detailed plan preparation and construction of authorized
    projects, $6,644,000, 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, $14,669,000: Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions, pursuant to 31 U.S.C. 3324.

                                     Other

                         payment to the asia foundation

        For a grant to the Asia Foundation, as authorized by section 501 of
    Public Law 101-246, $5,000,000, to remain available until expended as
    authorized by 22 U.S.C. 2696(c).

                                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, $35,700,000, 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); $445,645,000: 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), $200,000,000, to remain available until expended
    as authorized by 22 U.S.C. 2455: Provided, That $1,800,000 of this
    amount shall be available for the Mike Mansfield Fellowship Program as
    authorized by section 252 of Public Law 103-236.

               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;
    $325,191,000, 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 $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; and in addition,
    notwithstanding any other provision of law, not to exceed $1,000,000 in
    monies received (including receipts from advertising, if any) by or for
    the use of the United States Information Agency from or in connection
    with broadcasting resources owned by or on behalf of the Agency, to be
    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 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
    under the headings ``International Broadcasting Operations'',
    ``Broadcasting to Cuba'', and ``Radio Construction'' 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,
    $40,000,000, 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, $11,750,000:
    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, $2,000,000, 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 and Related Agencies

        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. (a) No later than 90 days after enactment of legislation
    consolidating, reorganizing or downsizing the functions of the
    Department of State, the United States Information Agency, and the Arms
    Control and Disarmament Agency, the Secretary of State, the Director of
    the United States Information Agency and the Director of the Arms
    Control and Disarmament Agency shall submit to the Committees on
    Appropriations of the House and the Senate a proposal for transferring
    or rescinding funds appropriated herein for functions that are
    consolidated, reorganized or downsized under such legislation:
    Provided, That such plan shall be transmitted in accordance with
    section 605 of this Act.
        (b) The Secretary of State, the Director of the United States
    Information Agency, and the Director of the Arms Control and
    Disarmament Agency, as appropriate, may use any available funds to
    cover the costs of actions to consolidate, reorganize or downsize the
    functions under their authority required by such legislation, and of
    any related personnel action, including voluntary separation incentives
    if authorized by such legislation: Provided, That the authority to
    transfer funds between appropriations accounts that may be necessary to
    carry out this section is provided in addition to authorities included
    under section 402 of this Act: Provided further, That use of funds to
    carry out 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. 405. Funds appropriated by this Act for the United States
    Information Agency, the Arms Control and Disarmament Agency, and the
    Department of State may be obligated and expended notwithstanding
    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, section 53 of the Arms Control and
    Disarmament Act, and section 15 of the State Department Basic
    Authorities Act of 1956.
        Sec. 406. 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. 407. 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. 408. 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 one-third of any
    earned but unused trust income from the period 1992 through 1995 for
    Fellowship purposes in each of fiscal years 1996-1998.
        Sec. 409. 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. 410. Any costs incurred by a Department or agency funded under
    this title resulting from personnel actions taken in response to
    funding reductions included in this title shall be absorbed within the
    total budgetary resources available to such Department or agency:
    Provided, That the authority to transfer funds between appropriations
    accounts as may be necessary to carry out this provision is provided in
    addition to authorities included elsewhere in this Act: Provided
    further, That use of funds to carry out 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. 411. Section 235 of the Foreign Relations Authorization Act,
    Fiscal Years 1990 and 1991 (Public Law 101-246) is amended by inserting
    ``Tinian,'' after ``Sao Tome,''.
        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

                        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.

                       maritime national security program

        For necessary expenses to maintain and preserve a U.S.-flag
    merchant fleet to serve the national security needs of the United
    States as determined by the Secretary of Defense in consultation with
    the Secretary of Transportation, $46,000,000, to remain available until
    expended: Provided, That these funds will be available only upon
    enactment of an authorization for this program.

                            operations and training

        For necessary expenses of operations and training activities
    authorized by law, $66,600,000, 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 (Public Law 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 of 1936, $40,000,000, 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 $1,000,000,000.
        In addition, for administrative expenses to carry out the
    guaranteed loan program, not to exceed $3,500,000, which shall be
    transferred to and merged with the appropriation for Operations and
    Training.

               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, $8,750,000: 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.

                         Competitiveness Policy Council

                             salaries and expenses

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

                    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
    structure; 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; $195,709,000, of which not to exceed $300,000 shall
    remain available until September 30, 1997, for research and policy
    studies: Provided, That $136,400,000 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 $59,309,000: Provided further, That any
    offsetting collections received in excess of $136,400,000 in fiscal
    year 1996 shall remain available until expended, but shall not be
    available for obligation until October 1, 1996: Provided further, That
    the Commission shall amend its schedule of regulatory fees set forth in
    section 1.1153 of title 47, CFR, authorized by section 9 of title I of
    the Communications Act of 1934, as amended by: (1) striking ``$22,420''
    in the Annual Regulatory Fee column for VHF Commercial Markets 1
    through 10 and inserting ``$32,000''; (2) striking ``$19,925'' in the
    Annual Regulatory Fee column for VHF Commercial Markets 11 through 25
    and inserting ``$26,000''; (3) striking ``$14,950'' in the Annual
    Regulatory Fee column for VHF Commercial Markets 26 through 50 and
    inserting ``$17,000''; (4) striking ``$9,975'' in the Annual Regulatory
    Fee column for VHF Commercial Markets 51 through 100 and inserting
    ``$9,000''; (5) striking ``$6,225'' in the Annual Regulatory Fee column
    for VHF Commercial Remaining Markets and inserting ``$2,500''; and (6)
    striking ``$17,925'' in the Annual Regulatory Fee column for UHF
    Commercial Markets 1 through 10 and inserting ``$25,000''; (7) striking
    ``$15,950'' in the Annual Regulatory Fee column for UHF Commercial
    Markets 11 through 25 and inserting ``$20,000''; (8) striking
    ``$11,950'' in the Annual Regulatory Fee column for UHF Commercial
    Markets 26 through 50 and inserting ``$13,000''; (9) striking
    ``$7,975'' in the Annual Regulatory Fee column for UHF Commercial
    Markets 51 through 100 and inserting ``$7,000''; and (10) striking
    ``$4,975'' in the Annual Regulatory Fee column for UHF Commercial
    Remaining Markets and inserting ``$2,000'': Provided further, That the
    FCC shall pay the travel-related expenses of the Federal-State Joint
    Board on Universal Service for those activities described in the
    Telecommunications Act of 1996 (47 U.S.C. 254(a)(1)).

                          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; $79,568,000: 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 $31,306,000, 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
    purposes of the Legal Services Corporation Act of 1974, as amended,
    $300,000,000, of which $290,750,000 is for basic field programs and
    required independent audits carried out in accordance with section 509;
    $250,000 is for a payment to an opposing party for attorney's fees and
    expenses relating to civil actions named In the Matter of Baby Boy Doe,
    and Doe v. Roe and Indian tribe, with docket numbers 19512 and 21723
    (Idaho February 23, 1996); $1,500,000 is for the Office of the
    Inspector General, of which such amounts as may be necessary may be
    used to conduct additional audits of recipients in accordance with
    section 509 of this Act; and $7,500,000 is for management and
    administration: Provided, That $198,750,000 of the total amount
    provided under this heading for basic field programs shall not be
    available except for the competitive award of grants and contracts
    under section 503 of this Act.

             administrative provisions--legal services corporation

        Sec. 501. (a) 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
            502 and 504.
                (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.
        (b) As used in this section:
                (1) 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.
                (2) 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.
        Sec. 502. None of the funds appropriated in 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. 503. (a)(1) Not later than April 1, 1996, the Legal Services
    Corporation shall implement a system of competitive awards of grants
    and contracts for all basic field programs, which shall apply to all
    such grants and contracts awarded by the Corporation after March 31,
    1996, from funds appropriated in this Act.
        (2) Any grant or contract awarded before April 1, 1996, by the
    Legal Services Corporation to a basic field program for 1996--
                (A) shall not be for an amount greater than the amount
            required for the period ending March 31, 1996;
                (B) shall terminate at the end of such period; and
                (C) shall not be renewable except in accordance with the
            system implemented under paragraph (1).
        (3) The amount of grants and contracts awarded before April 1,
    1996, by the Legal Services Corporation for basic field programs for
    1996 in any geographic area described in section 501 shall not exceed
    an amount equal to \3/12\ of the total amount to be distributed for
    such programs for 1996 in such area.
        (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 Legal Services 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) For the purposes of the funding provided in this Act, rights
    under 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.
        Sec. 504. (a) None of the funds appropriated in 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 other
            statement of general applicability and future effect by any
            Federal, State, or local agency;
                (3) that attempts to influence any part of any adjudicatory
            proceeding of any Federal, State, or local agency if such part
            of the proceeding is designed for the formulation or
            modification of any agency policy of general applicability and
            future effect;
                (4) that attempts to influence the passage or defeat of any
            legislation, constitutional amendment, referendum, initiative,
            or any similar procedure of the 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 or
            participates in 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 or statements of facts written in
                    English and, if necessary, in a language that the
                    plaintiffs understand, that enumerate the particular
                    facts known to the plaintiffs on which the complaint is
                    based, have been signed by the plaintiffs, are kept on
                    file by the recipient, and are 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:
            Provided, That upon establishment of reasonable cause that an
            injunction is necessary to prevent probable, serious harm to
            such potential plaintiff, a court of competent jurisdiction may
            enjoin the disclosure of the identity of any potential
            plaintiff pending the outcome of such litigation or
            negotiations after notice and an opportunity for a hearing is
            provided to potential parties to the litigation or the
            negotiations: Provided further, That other parties to the
            litigation or negotiation shall have access to the statement of
            facts referred to in subparagraph (B) 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 1006(b)(3) of the Legal Services Corporation
                    Act (42 U.S.C. 2996e(b)(3)) to make the records
                    described in this paragraph available to any Federal
                    department or agency that is auditing or monitoring the
                    activities of the Corporation or of the recipient, and
                    to any independent 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 March 31,
                    1980, 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 claims (or whose employee claims), or collects
            and retains, attorneys' fees pursuant to any Federal or State
            law permitting or requiring the awarding of such fees;
                (14) that participates in any litigation with respect to
            abortion;
                (15) that participates in any litigation on behalf of a
            person incarcerated in a Federal, State, or local prison;
                (16) 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 in effect on the date of the initiation
            of the representation;
                (17) 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;
                (18) 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
            another person or entity or an employee of the person or
            entity, that is receiving financial assistance provided by the
            Corporation; or
                (19) unless such person or entity enters into a contractual
            agreement to be subject to all provisions of Federal law
            relating to the proper use of Federal funds, the violation of
            which shall render any grant or contractual agreement to
            provide funding null and void, and, for such purposes, the
            Corporation shall be considered to be a Federal agency and all
            funds provided by the Corporation shall be considered to be
            Federal funds provided by grant or contract.
        (b) Nothing in this section shall be construed to prohibit a
    recipient from using funds from a source other than the Legal Services
    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.
        (c) Not later than 30 days after the date of enactment of this Act,
    the Legal Services Corporation shall promulgate a suggested list of
    priorities that boards of directors may use in setting priorities under
    subsection (a)(9).
        (d)(1) The Legal Services 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 Legal
            Services Corporation to provide legal assistance to a covered
            individual 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 this
            Act or by the Legal Services Corporation Act.
        (e) Nothing in this section shall be construed to prohibit a
    recipient from using funds derived from a source other than the Legal
    Services Corporation to comment on public rulemaking or to respond to a
    written request for information or testimony from a Federal, State or
    local agency, legislative body or committee, or a member of such an
    agency, body, or committee, so long as the response is made only to the
    parties that make the request and the recipient does not arrange for
    the request to be made.
        (f) 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 ``covered individual'' means any person who--
                        (A) except as provided in subparagraph (B), meets
                    the requirements of this Act and the Legal Services
                    Corporation Act relating to eligibility for legal
                    assistance; and
                        (B) may or may not be financially unable to afford
                    legal assistance.
                (3) The term ``public housing project'' has the meaning as
            used within, 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. 505. None of the funds appropriated in 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. 506. None of the funds appropriated in this Act to the Legal
    Services Corporation may be used by any person or entity receiving
    financial assistance from the Corporation to file or pursue a lawsuit
    against the Corporation.
        Sec. 507. None of the funds appropriated in this Act to the Legal
    Services Corporation may be used for any purpose prohibited or contrary
    to any of the provisions of authorization legislation for fiscal year
    1996 for the Legal Services Corporation that is enacted into law. Upon
    the enactment of such Legal Services Corporation reauthorization
    legislation, funding provided in this Act shall from that date be
    subject to the provisions of that legislation and any provisions in
    this Act that are inconsistent with that legislation shall no longer
    have effect.
        Sec. 508. (a) The requirements of section 504 shall apply to the
    activities of a recipient described in section 504, 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.
        (b) If the recipient or employee began to provide legal assistance
    for the case or matter prior to the date of enactment of this Act--
                (1) each of the requirements of section 504 (other than
            paragraphs (7), (11), and (15) of subsection (a) of such
            section) shall, beginning on the date of enactment of this Act,
            apply to the activities of the recipient or employee during the
            provision of legal assistance for the case or matter; and
                (2) the requirements of paragraphs (7), (11), and (15) of
            section 504(a) shall apply--
                        (A) beginning on the date of enactment of this Act,
                    to the activities of the recipient or employee during
                    the provision of legal assistance for any additional
                    related claim for which the recipient or employee
                    begins to provide legal assistance on or after such
                    date; and
                        (B) beginning July 1, 1996, to all other activities
                    of the recipient or employee during the provision of
                    legal assistance for the case or matter.
        (c) The Legal Services Corporation shall, every 60 days, submit to
    the Committees on Appropriations of the Senate and House of
    Representatives a report setting forth the status of cases and matters
    referred to in subsection (b)(2).
        Sec. 509. (a) An audit of each person or entity receiving financial
    assistance from the Legal Services Corporation under this Act (referred
    to in this section as a ``recipient'') shall be conducted in accordance
    with generally accepted government auditing standards and guidance
    established by the Office of the Inspector General and shall report
    whether--
                (1) the financial statements of the recipient present
            fairly its financial position and the results of its financial
            operations in accordance with generally accepted accounting
            principles;
                (2) the recipient has internal control systems to provide
            reasonable assurance that it is managing funds, regardless of
            source, in compliance with Federal laws and regulations; and
                (3) the recipient has complied with Federal laws and
            regulations applicable to funds received, regardless of source.
        (b) In carrying out the requirements of subsection (a)(3), the
    auditor shall select and test a representative number of transactions
    and report all instances of noncompliance to the recipient. The
    recipient shall report any noncompliance found by the auditor during
    the audit under this section within 5 calendar days to the Office of
    the Inspector General. If the recipient fails to report the
    noncompliance, the auditor shall report the noncompliance directly to
    the Office of the Inspector General within 5 calendar days of the
    recipient's failure to report.
        (c) The audits required under this section shall be provided for by
    the recipients and performed by independent public accountants. The
    cost of such audits shall be shared on a pro rata basis among all of
    the recipient's funding providers and the appropriate share shall be an
    allowable charge to the Federal funds provided by the Legal Services
    Corporation. No audit costs may be charged to the Federal funds when
    the audit required by this section has not been made in accordance with
    the guidance promulgated by the Office of the Inspector General.
        If the recipient fails to have an acceptable audit in accordance
    with the guidance promulgated by the Office of the Inspector General,
    the following sanctions shall be available to the Corporation as
    recommended by the Office of the Inspector General:
                (1) the withholding of a percentage of the recipient's
            funding until the audit is completed satisfactorily.
                (2) the suspension of recipient's funding until an
            acceptable audit is completed.
        (d) The Office of the Inspector General may remove, suspend, or bar
    an independent public accountant, upon a showing of good cause, from
    performing audit services required by this section. The Office of the
    Inspector General shall develop and issue rules of practice to
    implement this paragraph.
        (e) Any independent public accountant performing an audit under
    this section who subsequently ceases to be the accountant for the
    recipient shall promptly notify the Office of the Inspector General
    pursuant to such rules as the Office of the Inspector General shall
    prescribe.
        (f) Audits conducted in accordance with this section shall be in
    lieu of the financial audits otherwise required by section 1009(c) of
    the Legal Services Corporation Act (42 U.S.C. 2996h(c)).
        (g) The Office of the Inspector General is authorized to conduct
    on-site monitoring, audits, and inspections in accordance with Federal
    standards.
        (h) Notwithstanding section 1006(b)(3) of the Legal Services
    Corporation Act (42 U.S.C. 2996e(b)(3)), financial records, time
    records, retainer agreements, client trust fund and eligibility
    records, and client names, for each recipient shall be made available
    to any auditor or monitor of the recipient, including any Federal
    department or agency that is auditing or monitoring the activities of
    the Corporation or of the recipient, and any independent auditor or
    monitor receiving Federal funds to conduct such auditing or monitoring,
    including any auditor or monitor of the Corporation, except for reports
    or records subject to the attorney-client privilege.
        (i) The Legal Services Corporation shall not disclose any name or
    document referred to in subsection (h), except to--
                (1) a Federal, State, or local law enforcement official; or
                (2) an official of an appropriate bar association for the
            purpose of enabling the official to conduct an investigation of
            a rule of professional conduct.
        (j) The recipient management shall be responsible for expeditiously
    resolving all reported audit reportable conditions, findings, and
    recommendations, including those of sub-recipients.
        (k) The Legal Services Corporation shall--
                (1) Follow up on significant reportable conditions,
            findings, and recommendations found by the independent public
            accountants and reported to Corporation management by the
            Office of the Inspector General to ensure that instances of
            deficiencies and noncompliance are resolved in a timely manner,
            and
                (2) Develop procedures to ensure effective follow-up that
            meet at a minimum the requirements of Office of Management and
            Budget Circular Number A-50.
        (l) The requirements of this section shall apply to a recipient for
    its first fiscal year beginning on or after January 1, 1996.

                            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, $1,190,000.

               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: Provided, That this shall be the final Federal payment to the
    Martin Luther King, Jr. Federal Holiday Commission for operations and
    necessary closing costs.

                          Ounce of Prevention Council

        For activities authorized by sections 30101 and 30102 of Public Law
    103-322 (including administrative costs), $1,500,000, to remain
    available until expended, for the Ounce of Prevention Grant Program:
    Provided, That the Council may accept and use gifts and donations, both
    real and personal, for the purpose of aiding or facilitating the
    authorized activities of the Council, of which not to exceed $5,000 may
    be used for official reception and representation expenses.

                       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, $287,738,000, of which $3,000,000 is 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 and
    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 one
    percentum to one-twenty-ninth of one percentum, 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 the total
    amount appropriated for fiscal year 1996 under this heading shall be
    reduced as such fees are deposited to this appropriation so as to
    result in a final total fiscal year 1996 appropriation from the General
    Fund estimated at not more than $103,445,000: Provided further, That
    any such fees collected in excess of $184,293,000 shall remain
    available until expended but shall not be available for obligation
    until October 1, 1996: Provided further, That $1,000,000 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

                             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, $219,190,000: Provided, 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 direct loans, $4,500,000, and for the cost of
    guaranteed loans, $156,226,000, 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: Provided further,
    That during fiscal year 1996, commitments to guarantee loans under
    section 503 of the Small Business Investment Act of 1958, as amended,
    shall not exceed the amount of financings authorized under section
    20(n)(2)(B) of the Small Business Act, as amended.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $92,622,000, 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, $71,578,000, 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 provision--small business administration

        Sec. 510. 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. 606. None of the funds made available in this Act may be used
    for the construction, repair (other than emergency repair), overhaul,
    conversion, or modernization of vessels for the National Oceanic and
    Atmospheric Administration in shipyards located outside of the United
    States.
        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. 610. 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. 611. 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. 612. 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. 613. 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. 614. (a)(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.
        (b) This section shall take effect 30 days after the date of the
    enactment of this Act.
        Sec. 615. Any costs incurred by a Department or agency funded under
    this Act resulting from personnel actions taken in response to funding
    reductions included in this Act shall be absorbed within the total
    budgetary resources available to such Department or agency: Provided,
    That the authority to transfer funds between appropriations accounts as
    may be necessary to carry out this provision is provided in addition to
    authorities included elsewhere in this Act: Provided further, That use
    of funds to carry out 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. 616. Section 201(a) of Public Law 104-99 is repealed.

                             TITLE VII--RESCISSIONS

                             DEPARTMENT OF JUSTICE

                             General Administration

                              working capital fund

                                  (rescission)

        Of the unobligated balances available under this heading,
    $65,000,000 are rescinded.

                              DEPARTMENT OF STATE

                       Administration of Foreign Affairs

                acquisition and maintenance of buildings abroad

                                  (rescission)

        Of the unobligated balances available under this heading,
    $95,500,000 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) The court shall not order any prospective relief that
            requires or permits a government official to exceed his or her
            authority under State or local law or otherwise violates State
            or local law, unless--
                        ``(i) Federal law permits such relief to be ordered
                    in violation of State or local law;
                        ``(ii) the relief is necessary to correct the
                    violation of a Federal right; and
                        ``(iii) no other relief will correct the violation
                    of the Federal right.
                ``(C) 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. The court shall give
            substantial weight to any adverse impact on public safety or
            the operation of a criminal justice system caused by the
            preliminary relief and shall respect the principles of comity
            set out in paragraph (1)(B) in tailoring any preliminary
            relief. 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 three-judge court shall enter a prisoner release
            order only if the court finds by clear and convincing evidence
            that--
                        ``(i) crowding is the primary cause of the
                    violation of a Federal right; and
                        ``(ii) no other relief will remedy the violation of
                    the Federal right.
                ``(F) Any State or local official or unit of government
            whose jurisdiction or function includes the appropriation of
            funds for the construction, operation, or maintenance of
            program facilities, or 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 or intervener--
                        ``(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 or intervener 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 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 any other
                    law; 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 special master who shall be disinterested and objective and
            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
            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) may be authorized by a court to conduct
                    hearings and prepare proposed findings of fact, which
                    shall be made on the record;
                        ``(B) shall not make any findings or communications
                    ex parte;
                        ``(C) may be authorized by a court to assist in the
                    development of remedial plans; and
                        ``(D) 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 does 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;
                ``(8) the term `special master' means any person appointed
            by a Federal court pursuant to Rule 53 of the Federal Rules of
            Civil Procedure or pursuant to any inherent power of the court
            to exercise the powers of a master, regardless of the title or
            description given by the court; and
                ``(9) 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
    Federal 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 Federal 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)(i) the amount of the fee is proportionately related
            to the court ordered relief for the violation; or
                ``(ii) the fee was directly and reasonably incurred in
            enforcing the relief ordered 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 not
    greater than 150 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 150 percent
    of 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.--(1) 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 Federal 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, video conference, or other telecommunications
    technology without removing the prisoner from the facility in which the
    prisoner is confined.
        ``(2) Subject to the agreement of the official of the Federal,
    State, or local unit of government with custody over the prisoner,
    hearings may be conducted at the facility in which the prisoner is
    confined. To the extent practicable, the court shall allow counsel to
    participate by telephone, video conference, or other communications
    technology in any hearing held at the facility.
        ``(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 Federal
    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 require any defendant to reply to a complaint
    brought under this section if it finds that the plaintiff has a
    reasonable opportunity to prevail on the merits.
        ``(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 that includes a statement of all
                    assets such prisoner possesses'';
                        (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) Exception to Discharge of Debt in Bankruptcy Proceeding.--
    Section 523(a) of title 11, United States Code, is amended--
                (1) in paragraph (16), by striking the period at the end
            and inserting ``; or''; and
                (2) by adding at the end the following new paragraph:
                ``(17) for a fee imposed by a court for the filing of a
            case, motion, complaint, or appeal, or for other costs and
            expenses assessed with respect to such filing, regardless of an
            assertion of poverty by the debtor under section 1915 (b) or
            (f) of title 28, or the debtor's status as a prisoner, as
            defined in section 1915(h) of title 28.''.
        (c) 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.''.
        (d) 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.''.
        (e) 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 identify
    cognizable claims or 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. PAYMENT OF DAMAGE AWARD IN SATISFACTION OF PENDING
                  RESTITUTION ORDERS.

        Any compensatory damages awarded to a prisoner in connection with a
    civil action brought against any Federal, State, or local jail, prison,
    or correctional facility or against any official or agent of such jail,
    prison, or correctional facility, shall be paid directly to satisfy any
    outstanding restitution orders pending against the prisoner. The
    remainder of any such award after full payment of all pending
    restitution orders shall be forwarded to the prisoner.

    SEC. 808. NOTICE TO CRIME VICTIMS OF PENDING DAMAGE AWARD.

        Prior to payment of any compensatory damages awarded to a prisoner
    in connection with a civil action brought against any Federal, State,
    or local jail, prison, or correctional facility or against any official
    or agent of such jail, prison, or correctional facility, reasonable
    efforts shall be made to notify the victims of the crime for which the
    prisoner was convicted and incarcerated concerning the pending payment
    of any such compensatory damages.

    SEC. 809. 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.''.

    SEC. 810. SEVERABILITY.

        If any provision of this title, an amendment made by this title, or
    the application of such provision or amendment to any person or
    circumstance is held to be unconstitutional, the remainder of this
    title, the amendments made by this title, and the application of the
    provisions of such to any person or circumstance shall not be affected
    thereby.
        This Act may be cited as the ``Departments of Commerce, Justice,
    and State, the Judiciary, and Related Agencies Appropriations Act,
    1996.''.
        (b) Such amounts as may be necessary for programs, projects or
    activities provided for in the District of Columbia Appropriations Act,
    1996 at a rate of operations and to the extent and in the manner
    provided as follows, to be effective as if it had been enacted into law
    as the regular appropriations Act:

                                     AN ACT

        Making appropriations for the government of the District of
    Columbia and other activities chargeable in whole or in part against
    the revenues of said District for the fiscal year ending September 30,
    1996, and for other purposes.

                    TITLE I--FISCAL YEAR 1996 APPROPRIATIONS

                  Federal Payment to the District of Columbia

        For payment to the District of Columbia for the fiscal year ending
    September 30, 1996, $660,000,000, as authorized by section 502(a) of
    the District of Columbia Self-Government and Governmental
    Reorganization Act, Public Law 93-198, as amended (D.C. Code, sec. 47-
    3406.1).

                    Federal Contribution to Retirement Funds

        For the Federal contribution to the Police Officers and Fire
    Fighters', Teachers', and Judges' Retirement Funds, as authorized by
    the District of Columbia Retirement Reform Act, approved November 17,
    1979 (93 Stat. 866; Public Law 96-122), $52,070,000.

                   Federal Contribution for Education Reform

        For a Federal contribution to Education Reform, $14,930,000 which
    shall be deposited into an escrow account of the District of Columbia
    Financial Responsibility and Management Assistance Authority, pursuant
    to section 205 of Public Law 104-8, approved April 17, 1995 (109 Stat.
    131), and shall be disbursed from such account pursuant to the
    instructions of the Authority and in accordance with title II of this
    Act, where applicable, as follows:
        $200,000 shall be available for payments to charter schools;
        $300,000 shall be available for the Public Charter School Board;
        $2,000,000 shall be transferred directly, notwithstanding any other
    provision of law, to the United States Department of Education for
    awarding grants to carry out Even Start programs in the District of
    Columbia as provided for in Subtitle C of title II of this Act;
        $1,250,000 shall be available to establish core curriculum, content
    standards, and assessments;
        $500,000 shall be available for payment to the Administrator of the
    General Services Administration for the costs of developing engineering
    plans for donated work on District of Columbia public school
    facilities;
        $100,000 shall be available to develop a plan for a residential
    school;
        $860,000 shall be available for the District Education and Learning
    Technologies Advancement Council;
        $1,450,000 shall be available to the District Employment and
    Learning Center;
        $1,000,000 shall be available for a professional development
    program for teachers and administrators administered by the nonprofit
    corporation selected under section 2701 of title II of this Act;
        $1,450,000 shall be available for the Jobs for D.C. Graduates
    Program;
        $70,000 shall be available for the Everybody Wins program:
    Provided, That $35,000 of this amount shall not be available until the
    Superintendent certifies to the Chairman of the District of Columbia
    Financial Responsibility and Management Assistance Authority that he
    has raised a like amount from private sources;
        $100,000 shall be available for the Fit Kids program: Provided,
    That $50,000 of this amount shall not be available until the
    Superintendent certifies to the Chairman of the District of Columbia
    Financial Responsibility and Management Assistance Authority that he
    has raised a like amount from private sources;
        $400,000 shall be available to the District of Columbia Public
    Schools to improve security (such as installing electronic door locking
    devices) at such schools, including at a minimum the following schools:
    Winston Education Center; McKinley High School; Ballou High School; and
    Cardozo High School; and
        $5,250,000 shall be available pursuant to a plan developed by the
    Superintendent of the District of Columbia Public Schools, in
    consultation with public and private entities, for repair,
    modernization, maintenance and planning consistent with subtitle A and
    subtitle F of title II of this Act, the August 14, 1995 recommendations
    of the ``Superintendent's Task Force on Education Infrastructure for
    the 21st Century'' and the June 13, 1995 ``Accelerating Education
    Reform in the District of Columbia: Building on BESST'': Provided, That
    not more than $250,000 of this amount may be available for planning:
    Provided further, That these funds shall be available for repair,
    modernization, maintenance of classroom buildings: Provided further,
    That these funds shall remain available until expended.

                              Division of Expenses

        The following amounts are appropriated for the District of Columbia
    for the current fiscal year out of the general fund of the District of
    Columbia, except as otherwise specifically provided.

                       Governmental Direction and Support

        Governmental direction and support, $149,130,000 and 1,498 full-
    time equivalent positions (end of year) (including $117,464,000 and
    1,158 full-time equivalent positions from local funds, $2,464,000 and 5
    full-time equivalent positions from Federal funds, $4,474,000 and 71
    full-time equivalent positions from other funds, and $24,728,000 and
    264 full-time equivalent positions from intra-District funds):
    Provided, That not to exceed $2,500 for the Mayor, $2,500 for the
    Chairman of the Council of the District of Columbia, and $2,500 for the
    City Administrator shall be available from this appropriation for
    expenditures for official purposes: Provided further, That any program
    fees collected from the issuance of debt shall be available for the
    payment of expenses of the debt management program of the District of
    Columbia: Provided further, That no revenues from Federal sources shall
    be used to support the operations or activities of the Statehood
    Commission and Statehood Compact Commission: Provided further, That the
    District of Columbia shall identify the sources of funding for
    Admission to Statehood from its own locally-generated revenues:
    Provided further, That $29,500,000 is for pay-as-you-go capital
    projects of which $1,500,000 shall be for a capital needs assessment
    study, and $28,000,000 shall be for a new financial management system,
    if so determined following the evaluation and review process
    subsequently described in this paragraph, of which $2,000,000 shall be
    used to develop a needs analysis and assessment of the existing
    financial management environment, and the remaining $26,000,000 shall
    be used to procure the necessary hardware and installation of new
    software, conversion, testing and training: Provided further, That the
    $26,000,000 shall not be obligated or expended until: (1) the District
    of Columbia Financial Responsibility and Management Assistance
    Authority submits a report to the Committees on Appropriations of the
    House and the Senate, the Committee on Governmental Reform and
    Oversight of the House, and the Committee on Governmental Affairs of
    the Senate reporting the results of a needs analysis and assessment of
    the existing financial management environment, specifying the
    deficiencies in, and recommending necessary improvements to or
    replacement of the District's financial management system including a
    detailed explanation of each recommendation and its estimated cost; and
    (2) 30 days lapse after receipt of the report by Congress.

                      Economic Development and Regulation

        Economic development and regulation, $140,983,000 and 1,692 full-
    time equivalent positions (end-of-year) (including $68,203,000 and 698
    full-time equivalent positions from local funds, $38,792,000 and 509
    full-time equivalent positions from Federal funds, $17,658,000 and 258
    full-time equivalent positions from other funds, and $16,330,000 and
    227 full-time equivalent positions from intra-District funds):
    Provided, That the District of Columbia Housing Finance Agency,
    established by section 201 of the District of Columbia Housing Finance
    Agency Act, effective March 3, 1979 (D.C. Law 2-135; D.C. Code, sec.
    45-2111), based upon its capability of repayments as determined each
    year by the Council of the District of Columbia from the Housing
    Finance Agency's annual audited financial statements to the Council of
    the District of Columbia, shall repay to the general fund an amount
    equal to the appropriated administrative costs plus interest at a rate
    of four percent per annum for a term of 15 years, with a deferral of
    payments for the first three years: Provided further, That
    notwithstanding the foregoing provision, the obligation to repay all or
    part of the amounts due shall be subject to the rights of the owners of
    any bonds or notes issued by the Housing Finance Agency and shall be
    repaid to the District of Columbia government only from available
    operating revenues of the Housing Finance Agency that are in excess of
    the amounts required for debt service, reserve funds, and operating
    expenses: Provided further, That upon commencement of the debt service
    payments, such payments shall be deposited into the general fund of the
    District of Columbia.

                           Public Safety and Justice

        Public safety and justice, including purchase of 135 passenger-
    carrying vehicles for replacement only, including 130 for police-type
    use and five for fire-type use, without regard to the general purchase
    price limitation for the current fiscal year, $963,848,000 and 11,544
    full-time equivalent positions (end-of-year) (including $940,631,000
    and 11,365 full-time equivalent positions from local funds, $8,942,000
    and 70 full-time equivalent positions from Federal funds, $5,160,000
    and 4 full-time equivalent positions from other funds, and $9,115,000
    and 105 full-time equivalent positions from intra-District funds):
    Provided, That the Metropolitan Police Department is authorized to
    replace not to exceed 25 passenger-carrying vehicles and the Fire
    Department of the District of Columbia is authorized to replace not to
    exceed five passenger-carrying vehicles annually whenever the cost of
    repair to any damaged vehicle exceeds three-fourths of the cost of the
    replacement: Provided further, That not to exceed $500,000 shall be
    available from this appropriation for the Chief of Police for the
    prevention and detection of crime: Provided further, That the
    Metropolitan Police Department shall provide quarterly reports to the
    Committees on Appropriations of the House and Senate on efforts to
    increase efficiency and improve the professionalism in the department:
    Provided further, That notwithstanding any other provision of law, or
    Mayor's Order 86-45, issued March 18, 1986, the Metropolitan Police
    Department's delegated small purchase authority shall be $500,000:
    Provided further, That the District of Columbia government may not
    require the Metropolitan Police Department to submit to any other
    procurement review process, or to obtain the approval of or be
    restricted in any manner by any official or employee of the District of
    Columbia government, for purchases that do not exceed $500,000:
    Provided further, That $250,000 is used for the Georgetown Summer
    Detail; $200,000 is used for East of the River Detail; $100,000 is used
    for Adams Morgan Detail; and $100,000 is used for the Capitol Hill
    Summer Detail: Provided further, That the Metropolitan Police
    Department shall employ an authorized level of sworn officers not to be
    less than 3,800 sworn officers for the fiscal year ending September 30,
    1996: Provided further, That funds appropriated for expenses under the
    District of Columbia Criminal Justice Act, approved September 3, 1974
    (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et seq.),
    for the fiscal year ending September 30, 1996, shall be available for
    obligations incurred under the Act in each fiscal year since inception
    in the fiscal year 1975: Provided further, That funds appropriated for
    expenses under the District of Columbia Neglect Representation Equity
    Act of 1984, effective March 13, 1985 (D.C. Law 5-129; D.C. Code, sec.
    16-2304), for the fiscal year ending September 30, 1996, shall be
    available for obligations incurred under the Act in each fiscal year
    since inception in the fiscal year 1985: Provided further, That funds
    appropriated for expenses under the District of Columbia Guardianship,
    Protective Proceedings, and Durable Power of Attorney Act of 1986,
    effective February 27, 1987 (D.C. Law 6-204; D.C. Code, sec. 21-2060),
    for the fiscal year ending September 30, 1996, shall be available for
    obligations incurred under the Act in each fiscal year since inception
    in fiscal year 1989: Provided further, That not to exceed $1,500 for
    the Chief Judge of the District of Columbia Court of Appeals, $1,500
    for the Chief Judge of the Superior Court of the District of Columbia,
    and $1,500 for the Executive Officer of the District of Columbia Courts
    shall be available from this appropriation for official purposes:
    Provided further, That the District of Columbia shall operate and
    maintain a free, 24-hour telephone information service whereby
    residents of the area surrounding Lorton prison in Fairfax County,
    Virginia, can promptly obtain information from District of Columbia
    government officials on all disturbances at the prison, including
    escapes, riots, and similar incidents: Provided further, That the
    District of Columbia government shall also take steps to publicize the
    availability of the 24-hour telephone information service among the
    residents of the area surrounding the Lorton prison: Provided further,
    That not to exceed $100,000 of this appropriation shall be used to
    reimburse Fairfax County, Virginia, and Prince William County,
    Virginia, for expenses incurred by the counties during the fiscal year
    ending September 30, 1996, in relation to the Lorton prison complex:
    Provided further, That such reimbursements shall be paid in all
    instances in which the District requests the counties to provide
    police, fire, rescue, and related services to help deal with escapes,
    fires, riots, and similar disturbances involving the prison: Provided
    further, That the Mayor shall reimburse the District of Columbia
    National Guard for expenses incurred in connection with services that
    are performed in emergencies by the National Guard in a militia status
    and are requested by the Mayor, in amounts that shall be jointly
    determined and certified as due and payable for these services by the
    Mayor and the Commanding General of the District of Columbia National
    Guard: Provided further, That such sums as may be necessary for
    reimbursement to the District of Columbia National Guard under the
    preceding proviso shall be available from this appropriation, and the
    availability of the sums shall be deemed as constituting payment in
    advance for emergency services involved.

                            Public Education System

        Public education system, including the development of national
    defense education programs, $795,201,000 and 11,670 full-time
    equivalent positions (end-of-year) (including $676,251,000 and 9,996
    full-time equivalent positions from local funds, $87,385,000 and 1,227
    full-time equivalent positions from Federal funds, $21,719,000 and 234
    full-time equivalent positions from other funds, and $9,846,000 and 213
    full-time equivalent positions from intra-District funds), to be
    allocated as follows: $580,996,000 and 10,167 full-time equivalent
    positions (including $498,310,000 and 9,014 full-time equivalent
    positions from local funds $75,786,000 and 1,058 full-time equivalent
    positions from Federal funds, $4,343,000 and 44 full-time equivalent
    positions from other funds, and $2,557,000 and 51 full-time equivalent
    positions from intra-District funds), for the public schools of the
    District of Columbia; $111,800,000 (including $111,000,000 from local
    funds and $800,000 from intra-District funds) shall be allocated for
    the District of Columbia Teachers' Retirement Fund; $79,396,000 and
    1,079 full-time equivalent positions (including $45,377,000 and 572
    full-time equivalent positions from local funds, $10,611,000 and 156
    full-time equivalent positions from Federal funds, $16,922,000 and 189
    full-time equivalent positions from other funds, and $6,486,000 and 162
    full-time equivalent positions from intra-District funds) for the
    University of the District of Columbia; $20,742,000 and 415 full-time
    equivalent positions (including $19,839,000 and 408 full-time
    equivalent positions from local funds, $446,000 and 6 full-time
    equivalent positions from Federal funds, $454,000 and 1 full-time
    equivalent position from other funds, and $3,000 from intra-District
    funds) for the Public Library; $2,267,000 and 9 full-time equivalent
    positions (including $1,725,000 and 2 full-time equivalent positions
    from local funds and $542,000 and 7 full-time equivalent positions from
    Federal funds) for the Commission on the Arts and Humanities: Provided,
    That the public schools of the District of Columbia are authorized to
    accept not to exceed 31 motor vehicles for exclusive use in the driver
    education program: Provided further, That not to exceed $2,500 for the
    Superintendent of Schools, $2,500 for the President of the University
    of the District of Columbia, and $2,000 for the Public Librarian shall
    be available from this appropriation for expenditures for official
    purposes: Provided further, That this appropriation shall not be
    available to subsidize the education of nonresidents of the District of
    Columbia at the University of the District of Columbia, unless the
    Board of Trustees of the University of the District of Columbia adopts,
    for the fiscal year ending September 30, 1996, a tuition rate schedule
    that will establish the tuition rate for nonresident students at a
    level no lower than the nonresident tuition rate charged at comparable
    public institutions of higher education in the metropolitan area.

                                Education Reform

        Education reform, $14,930,000, to be allocated as follows:
        $200,000 shall be available for payments to charter schools as
    authorized under Subtitle B of title II of this Act;
        $300,000 shall be available for the Public Charter School Board as
    authorized under Subtitle B of title II of this Act;
        $2,000,000 shall be transferred directly, notwithstanding any other
    provision of law, to the United States Department of Education for
    awarding grants to carry out Even Start programs in the District of
    Columbia as provided for in Subtitle C of title II of this Act;
        $1,250,000 shall be available to establish core curriculum, content
    standards, and assessments as authorized under Subtitle D of title II
    of this Act;
        $500,000 shall be available for payment to the Administrator of the
    General Services Administration for the costs of developing engineering
    plans for donated work on District of Columbia public school facilities
    as authorized under Subtitle F of title II of this Act;
        $100,000 shall be available to develop a plan for a residential
    school as authorized under Subtitle G of title II of this Act;
        $860,000 shall be available for the District Education and Learning
    Technologies Advancement Council as authorized under Subtitle I of
    title II of this Act;
        $1,450,000 shall be available to the District Employment and
    Learning Center as authorized under Subtitle I of title II of this Act;
        $1,000,000 shall be available for a professional development
    program for teachers and administrators administered by the nonprofit
    corporation selected under section 2701 of title II of this Act as
    authorized under Subtitle I of title II of this Act;
        $1,450,000 shall be available for the Jobs for D.C. Graduates
    Program as authorized under Subtitle I of title II of this Act;
        $70,000 shall be available for the Everybody Wins program;
        $100,000 shall be available for the Fit Kids program;
        $400,000 shall be available to the District of Columbia Public
    Schools to improve security (such as installing electronic door locking
    devices) at such schools, including at a minimum the following schools:
    Winston Education Center; McKinley High School; Ballou High School; and
    Cardozo High School; and
        $5,250,000 shall be available pursuant to a plan developed by the
    Superintendent of the District of Columbia Public Schools, in
    consultation with public and private entities, for repair,
    modernization, maintenance and planning consistent with subtitle A and
    subtitle F of title II of this Act, the August 14, 1995 recommendations
    of the ``Superintendent's Task Force on Education Infrastructure for
    the 21st Century'' and the June 13, 1995 ``Accelerating Education
    Reform in the District of Columbia: Building on BESST'': Provided, That
    not more than $250,000 of this amount may be available for planning:
    Provided further, That these funds shall be available for repair,
    modernization, maintenance of classroom buildings: Provided further,
    That these funds shall remain available until expended:
    Provided, That the District of Columbia government shall enter into
    negotiations with Gallaudet University to transfer, at a fair market
    value rate, Hamilton School from the District of Columbia to Gallaudet
    University with the proceeds, if such a sale takes place, deposited
    into the general fund of the District and used to improve public school
    facilities in the same ward as the Hamilton School.

                             Human Support Services

        Human support services, $1,855,014,000 and 6,469 full-time
    equivalent positions (end-of-year) (including $1,076,856,000 and 3,650
    full-time equivalent positions from local funds, $726,685,000 and 2,639
    full-time equivalent positions from Federal funds, $46,799,000 and 66
    full-time equivalent positions from other funds, and $4,674,000 and 114
    full-time equivalent positions from intra-District funds): Provided,
    That $26,000,000 of this appropriation, to remain available until
    expended, shall be available solely for District of Columbia employees'
    disability compensation: Provided further, That the District shall not
    provide free government services such as water, sewer, solid waste
    disposal or collection, utilities, maintenance, repairs, or similar
    services to any legally constituted private nonprofit organization (as
    defined in section 411(5) of Public Law 100-77, approved July 22, 1987)
    providing emergency shelter services in the District, if the District
    would not be qualified to receive reimbursement pursuant to the Stewart
    B. McKinney Homeless Assistance Act, approved July 22, 1987 (101 Stat.
    485; Public Law 100-77; 42 U.S.C. 11301 et seq.).

                                  Public Works

        Public works, including rental of one passenger-carrying vehicle
    for use by the Mayor and three passenger-carrying vehicles for use by
    the Council of the District of Columbia and purchase of passenger-
    carrying vehicles for replacement only, $297,568,000 and 1,914 full-
    time equivalent positions (end-of-year) (including $225,915,000 and
    1,158 full-time equivalent positions from local funds, $2,682,000 and
    32 full-time equivalent positions from Federal funds, $18,342,000 and
    68 full-time equivalent positions from other funds, and $50,629,000 and
    656 full-time equivalent positions from intra-District funds):
    Provided, That this appropriation shall not be available for collecting
    ashes or miscellaneous refuse from hotels and places of business.

               Washington Convention Center Fund Transfer Payment

        For payment to the Washington Convention Center Enterprise Fund,
    $5,400,000 from local funds.

                        Repayment of Loans and Interest

        For reimbursement to the United States of funds loaned in
    compliance with An Act to provide for the establishment of a modern,
    adequate, and efficient hospital center in the District of Columbia,
    approved August 7, 1946 (60 Stat. 896; Public Law 79-648); section 1 of
    An Act to authorize the Commissioners of the District of Columbia to
    borrow funds for capital improvement programs and to amend provisions
    of law relating to Federal Government participation in meeting costs of
    maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat.
    183; Public Law 85-451; D.C. Code, sec. 9-219); section 4 of An Act to
    authorize the Commissioners of the District of Columbia to plan,
    construct, operate, and maintain a sanitary sewer to connect the Dulles
    International Airport with the District of Columbia system, approved
    June 12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and
    743(f) of the District of Columbia Self-Government and Governmental
    Reorganization Act of 1973, approved December 24, 1973, as amended (87
    Stat. 821; Public Law 93-198; D.C. Code, sec. 47-321, note; 91 Stat.
    1156; Public Law 95-131; D.C. Code, sec. 9-219, note), including
    interest as required thereby, $327,787,000 from local funds.

                    Repayment of General Fund Recovery Debt

        For the purpose of eliminating the $331,589,000 general fund
    accumulated deficit as of September 30, 1990, $38,678,000 from local
    funds, as authorized by section 461(a) of the District of Columbia
    Self-Government and Governmental Reorganization Act, approved December
    24, 1973, as amended (105 Stat. 540; Public Law 102-106; D.C. Code,
    sec. 47-321(a)).

                 Repayment of Interest on Short-Term Borrowing

        For repayment of interest on short-term borrowing, $9,698,000 from
    local funds.

                 Pay Renegotiation or Reduction in Compensation

        The Mayor shall reduce appropriations and expenditures for personal
    services in the amount of $46,409,000, by decreasing rates of
    compensation for District government employees; such decreased rates
    are to be realized from employees who are subject to collective
    bargaining agreements to the extent possible through the renegotiation
    of existing collective bargaining agreements: Provided, That, if a
    sufficient reduction from employees who are subject to collective
    bargaining agreements is not realized through renegotiating existing
    agreements, the Mayor shall decrease rates of compensation for such
    employees, notwithstanding the provisions of any collective bargaining
    agreements: Provided further, That the Congress hereby ratifies and
    approves legislation enacted by the Council of the District of Columbia
    during fiscal year 1995 to reduce the compensation and benefits of all
    employees of the District of Columbia government during that fiscal
    year: Provided further, That notwithstanding any other provision of
    law, the legislation enacted by the Council of the District of Columbia
    during fiscal year 1995 to reduce the compensation and benefits of all
    employees of the District of Columbia government during that fiscal
    year shall be deemed to have been ratified and approved by the Congress
    during fiscal year 1995.

                                 Rainy Day Fund

        For mandatory unavoidable expenditures within one or several of the
    various appropriation headings of this Act, to be allocated to the
    budgets for personal services and nonpersonal services as requested by
    the Mayor and approved by the Council pursuant to the procedures in
    section 4 of the Reprogramming Policy Act of 1980, effective September
    16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-363), $4,563,000 from
    local funds: Provided, That the District of Columbia shall provide to
    the Committees on Appropriations of the House of Representatives and
    the Senate quarterly reports by the 15th day of the month following the
    end of the quarter showing how monies provided under this fund are
    expended with a final report providing a full accounting of the fund
    due October 15, 1996 or not later than 15 days after the last amount
    remaining in the fund is disbursed.

                            Incentive Buyout Program

        For the purpose of funding costs associated with the incentive
    buyout program, to be apportioned by the Mayor of the District of
    Columbia within the various appropriation headings in this Act from
    which costs are properly payable, $19,000,000.

                             Outplacement Services

        For the purpose of funding outplacement services for employees who
    leave the District of Columbia government involuntarily, $1,500,000.

                             Boards and Commissions

        The Mayor shall reduce appropriations and expenditures for boards
    and commissions under the various headings in this Act in the amount of
    $500,000.

                       Government Re-Engineering Program

        The Mayor shall reduce appropriations and expenditures for personal
    and nonpersonal services in the amount of $16,000,000 within one or
    several of the various appropriation headings in this Act.

                                 Capital Outlay

                            (including rescissions)

        For construction projects, $168,222,000 (including $82,850,000 from
    local funds and $85,372,000 from Federal funds), as authorized by An
    Act authorizing the laying of water mains and service sewers in the
    District of Columbia, the levying of assessments therefor, and for
    other purposes, approved April 22, 1904 (33 Stat. 244; Public Law 58-
    140; D.C. Code, secs. 43-1512 through 43-1519); the District of
    Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101;
    Public Law 83-364); An Act to authorize the Commissioners of the
    District of Columbia to borrow funds for capital improvement programs
    and to amend provisions of law relating to Federal Government
    participation in meeting costs of maintaining the Nation's Capital
    City, approved June 6, 1958 (72 Stat. 183; Public Law 85-451; including
    acquisition of sites, preparation of plans and specifications,
    conducting preliminary surveys, erection of structures, including
    building improvement and alteration and treatment of grounds, to remain
    available until expended: Provided, That $105,660,000 from local funds
    appropriated under this heading in prior fiscal years is rescinded:
    Provided further, That funds for use of each capital project
    implementing agency shall be managed and controlled in accordance with
    all procedures and limitations established under the Financial
    Management System: Provided further, That all funds provided by this
    appropriation title shall be available only for the specific projects
    and purposes intended: Provided further, That notwithstanding the
    foregoing, all authorizations for capital outlay projects, except those
    projects covered by the first sentence of section 23(a) of the Federal-
    Aid Highway Act of 1968, approved August 23, 1968 (82 Stat. 827; Public
    Law 90-495; D.C. Code, sec. 7-134, note), for which funds are provided
    by this appropriation title, shall expire on September 30, 1997, except
    authorizations for projects as to which funds have been obligated in
    whole or in part prior to September 30, 1997: Provided further, That
    upon expiration of any such project authorization the funds provided
    herein for the project shall lapse.

                        Water and Sewer Enterprise Fund

        For the Water and Sewer Enterprise Fund, $242,253,000 and 1,024
    full-time equivalent positions (end-of-year) (including $237,076,000
    and 924 full-time equivalent positions from local funds, $433,000 from
    other funds, and $4,744,000 and 100 full-time equivalent positions from
    intra-District funds), of which $41,036,000 shall be apportioned and
    payable to the debt service fund for repayment of loans and interest
    incurred for capital improvement projects.
        For construction projects, $39,477,000 from Federal funds, as
    authorized by An Act authorizing the laying of water mains and service
    sewers in the District of Columbia, the levying of assessments
    therefor, and for other purposes, approved April 22, 1904 (33 Stat.
    244; Public Law 58-140; D.C. Code, sec. 43-1512 et seq.): Provided,
    That the requirements and restrictions that are applicable to general
    fund capital improvement projects and set forth in this Act under the
    Capital Outlay appropriation title shall apply to projects approved
    under this appropriation title.

                  Lottery and Charitable Games Enterprise Fund

        For the Lottery and Charitable Games Enterprise Fund, established
    by the District of Columbia Appropriation Act for the fiscal year
    ending September 30, 1982, approved December 4, 1981 (95 Stat. 1174,
    1175; Public Law 97-91), as amended, for the purpose of implementing
    the Law to Legalize Lotteries, Daily Numbers Games, and Bingo and
    Raffles for Charitable Purposes in the District of Columbia, effective
    March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et seq. and 22-
    1516 et seq.), $229,950,000 and 88 full-time equivalent positions (end-
    of-year) (including $7,950,000 and 88 full-time equivalent positions
    for administrative expenses and $222,000,000 for non-administrative
    expenses from revenue generated by the Lottery Board), to be derived
    from non-Federal District of Columbia revenues: Provided, That the
    District of Columbia shall identify the source of funding for this
    appropriation title from the District's own locally-generated revenues:
    Provided further, That no revenues from Federal sources shall be used
    to support the operations or activities of the Lottery and Charitable
    Games Control Board.

                        Cable Television Enterprise Fund

        For the Cable Television Enterprise Fund, established by the Cable
    Television Communications Act of 1981, effective October 22, 1983 (D.C.
    Law 5-36; D.C. Code, sec. 43-1801 et seq.), $2,351,000 and 8 full-time
    equivalent positions (end-of-year) (including $2,019,000 and 8 full-
    time equivalent positions from local funds and $332,000 from other
    funds), of which $572,000 shall be transferred to the general fund of
    the District of Columbia.

                                 Starplex Fund

        For the Starplex Fund, $6,580,000 from other funds for the expenses
    incurred by the Armory Board in the exercise of its powers granted by
    An Act To Establish A District of Columbia Armory Board, and for other
    purposes, approved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2-301 et
    seq.) and the District of Columbia Stadium Act of 1957, approved
    September 7, 1957 (71 Stat. 619; Public Law 85-300; D.C. Code, sec. 2-
    321 et seq.): Provided, That the Mayor shall submit a budget for the
    Armory Board for the forthcoming fiscal year as required by section
    442(b) of the District of Columbia Self-Government and Governmental
    Reorganization Act, approved December 24, 1973 (87 Stat. 824; Public
    Law 93-198; D.C. Code, sec. 47-301(b)).

                             D.C. General Hospital

        For the District of Columbia General Hospital, established by
    Reorganization Order No. 57 of the Board of Commissioners, effective
    August 15, 1953, $115,034,000, of which $56,735,000 shall be derived by
    transfer as intra-District funds from the general fund, $52,684,000 is
    to be derived from the other funds, and $5,615,000 is to be derived
    from intra-District funds.

                             D.C. Retirement Board

        For the D.C. Retirement Board, established by section 121 of the
    District of Columbia Retirement Reform Act of 1989, approved November
    17, 1989 (93 Stat. 866; D.C. Code, sec. 1-711), $13,440,000 and 11
    full-time equivalent positions (end-of-year) from the earnings of the
    applicable retirement funds to pay legal, management, investment, and
    other fees and administrative expenses of the District of Columbia
    Retirement Board: Provided, That the District of Columbia Retirement
    Board shall provide to the Congress and to the Council of the District
    of Columbia a quarterly report of the allocations of charges by fund
    and of expenditures of all funds: Provided further, That the District
    of Columbia Retirement Board shall provide the Mayor, for transmittal
    to the Council of the District of Columbia, an item accounting of the
    planned use of appropriated funds in time for each annual budget
    submission and the actual use of such funds in time for each annual
    audited financial report.

                          Correctional Industries Fund

        For the Correctional Industries Fund, established by the District
    of Columbia Correctional Industries Establishment Act, approved October
    3, 1964 (78 Stat. 1000; Public Law 88-622), $10,516,000 and 66 full-
    time equivalent positions (end-of-year) (including $3,415,000 and 22
    full-time equivalent positions from other funds and $7,101,000 and 44
    full-time equivalent positions from intra-District funds).

                  Washington Convention Center Enterprise Fund

        For the Washington Convention Center Enterprise Fund, $37,957,000,
    of which $5,400,000 shall be derived by transfer from the general fund.

    District of Columbia Financial Responsibility and Management Assistance
                                   Authority

        For the District of Columbia Financial Responsibility and
    Management Assistance Authority, established by section 101(a) of the
    District of Columbia Financial Responsibility and Management Assistance
    Act of 1995, approved April 17, 1995 (109 Stat. 97; Public Law 104-8),
    $3,500,000.

                 Personal and Nonpersonal Services Adjustments

        Notwithstanding any other provision of law, the Chief Financial
    Officer established under section 302 of Public Law 104-8, approved
    April 17, 1995 (109 Stat. 142) shall, on behalf of the Mayor, adjust
    appropriations and expenditures for personal and nonpersonal services,
    together with the related full-time equivalent positions, in accordance
    with the direction of the District of Columbia Financial Responsibility
    and Management Assistance Authority such that there is a net reduction
    of $165,837,000, within or among one or several of the various
    appropriation headings in this Act, pursuant to section 208 of Public
    Law 104-8, approved April 17, 1995 (109 Stat. 134).

                               General Provisions

        Sec. 101. 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. 102. Except as otherwise provided in this Act, all vouchers
    covering expenditures of appropriations contained in this Act shall be
    audited before payment by the designated certifying official and the
    vouchers as approved shall be paid by checks issued by the designated
    disbursing official.
        Sec. 103. Whenever in this Act, an amount is specified within an
    appropriation for particular purposes or objects of expenditure, such
    amount, unless otherwise specified, shall be considered as the maximum
    amount that may be expended for said purpose or object rather than an
    amount set apart exclusively therefor.
        Sec. 104. Appropriations in this Act shall be available, when
    authorized by the Mayor, for allowances for privately owned automobiles
    and motorcycles used for the performance of official duties at rates
    established by the Mayor: Provided, That such rates shall not exceed
    the maximum prevailing rates for such vehicles as prescribed in the
    Federal Property Management Regulations 101-7 (Federal Travel
    Regulations).
        Sec. 105. Appropriations in this Act shall be available for
    expenses of travel and for the payment of dues of organizations
    concerned with the work of the District of Columbia government, when
    authorized by the Mayor: Provided, That the Council of the District of
    Columbia and the District of Columbia Courts may expend such funds
    without authorization by the Mayor.
        Sec. 106. There are appropriated from the applicable funds of the
    District of Columbia such sums as may be necessary for making refunds
    and for the payment of judgments that have been entered against the
    District of Columbia government: Provided, That nothing contained in
    this section shall be construed as modifying or affecting the
    provisions of section 11(c)(3) of title XII of the District of Columbia
    Income and Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat.
    78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
        Sec. 107. Appropriations in this Act shall be available for the
    payment of public assistance without reference to the requirement of
    section 544 of the District of Columbia Public Assistance Act of 1982,
    effective April 6, 1982 (D.C. Law 4-101; D.C. Code, sec. 3-205.44), and
    for the non-Federal share of funds necessary to qualify for Federal
    assistance under the Juvenile Delinquency Prevention and Control Act of
    1968, approved July 31, 1968 (82 Stat. 462; Public Law 90-445, 42
    U.S.C. 3801 et seq.).
        Sec. 108. 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. 109. No funds appropriated in this Act for the District of
    Columbia government for the operation of educational institutions, the
    compensation of personnel, or for other educational purposes may be
    used to permit, encourage, facilitate, or further partisan political
    activities. Nothing herein is intended to prohibit the availability of
    school buildings for the use of any community or partisan political
    group during non-school hours.
        Sec. 110. The annual budget for the District of Columbia government
    for the fiscal year ending September 30, 1997, shall be transmitted to
    the Congress no later than April 15, 1996 or as provided for under the
    provisions of Public Law 104-8, approved April 17, 1995.
        Sec. 111. None of the funds appropriated in this Act shall be made
    available to pay the salary of any employee of the District of Columbia
    government whose name, title, grade, salary, past work experience, and
    salary history are not available for inspection by the House and Senate
    Committees on Appropriations, the House Committee on Government Reform
    and Oversight, District of Columbia Subcommittee, the Subcommittee on
    Oversight of Government Management, of the Senate Committee on
    Governmental Affairs, and the Council of the District of Columbia, or
    their duly authorized representative: Provided, That none of the funds
    contained in this Act shall be made available to pay the salary of any
    employee of the District of Columbia government whose name and salary
    are not available for public inspection.
        Sec. 112. There are appropriated from the applicable funds of the
    District of Columbia such sums as may be necessary for making payments
    authorized by the District of Columbia Revenue Recovery Act of 1977,
    effective September 23, 1977 (D.C. Law 2-20; D.C. Code, sec. 47-421 et
    seq.).
        Sec. 113. No part of this appropriation shall be used for publicity
    or propaganda purposes or implementation of any policy including
    boycott designed to support or defeat legislation pending before
    Congress or any State legislature.
        Sec. 114. At the start of the fiscal year, the Mayor shall develop
    an annual plan, by quarter and by project, for capital outlay
    borrowings: Provided, That within a reasonable time after the close of
    each quarter, the Mayor shall report to the Council of the District of
    Columbia and the Congress the actual borrowings and spending progress
    compared with projections.
        Sec. 115. The Mayor shall not borrow any funds for capital projects
    unless the Mayor has obtained prior approval from the Council of the
    District of Columbia, by resolution, identifying the projects and
    amounts to be financed with such borrowings.
        Sec. 116. The Mayor shall not expend any moneys borrowed for
    capital projects for the operating expenses of the District of Columbia
    government.
        Sec. 117. None of the funds appropriated by this Act may be
    obligated or expended by reprogramming except pursuant to advance
    approval of the reprogramming granted according to the procedure set
    forth in the Joint Explanatory Statement of the Committee of Conference
    (House Report No. 96-443), which accompanied the District of Columbia
    Appropriation Act, 1980, approved October 30, 1979 (93 Stat. 713;
    Public Law 96-93), as modified in House Report No. 98-265, and in
    accordance with the Reprogramming Policy Act of 1980, effective
    September 16, 1980 (D.C. Law 3-100; D.C. Code, sec. 47-361 et seq.):
    Provided, That for the fiscal year ending September 30, 1996 the above
    shall apply except as modified by Public Law 104-8.
        Sec. 118. None of the Federal funds provided in this Act shall be
    obligated or expended to provide a personal cook, chauffeur, or other
    personal servants to any officer or employee of the District of
    Columbia.
        Sec. 119. None of the Federal Funds provided in this Act shall be
    obligated or expended to procure passenger automobiles as defined in
    the Automobile Fuel Efficiency Act of 1980, approved October 10, 1980
    (94 Stat. 1824; Public Law 96-425; 15 U.S.C. 2001(2)), with an
    Environmental Protection Agency estimated miles per gallon average of
    less than 22 miles per gallon: Provided, That this section shall not
    apply to security, emergency rescue, or armored vehicles.
        Sec. 120. (a) Notwithstanding section 422(7) of the District of
    Columbia Self-Government and Governmental Reorganization Act of 1973,
    approved December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code,
    sec. 1-242(7)), the City Administrator shall be paid, during any fiscal
    year, a salary at a rate established by the Mayor, not to exceed the
    rate established for level IV of the Executive Schedule under 5 U.S.C.
    5315.
        (b) For purposes of applying any provision of law limiting the
    availability of funds for payment of salary or pay in any fiscal year,
    the highest rate of pay established by the Mayor under subsection (a)
    of this section for any position for any period during the last quarter
    of calendar year 1995 shall be deemed to be the rate of pay payable for
    that position for September 30, 1995.
        (c) Notwithstanding section 4(a) of the District of Columbia
    Redevelopment Act of 1945, approved August 2, 1946 (60 Stat. 793;
    Public Law 79-592; D.C. Code, sec. 5-803(a)), the Board of Directors of
    the District of Columbia Redevelopment Land Agency shall be paid,
    during any fiscal year, per diem compensation at a rate established by
    the Mayor.
        Sec. 121. Notwithstanding any other provisions of law, the
    provisions of the District of Columbia Government Comprehensive Merit
    Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
    Code, sec. 1-601.1 et seq.), enacted pursuant to section 422(3) of the
    District of Columbia Self-Government and Governmental Reorganization
    Act of 1973, approved December 24, 1973 (87 Stat. 790; Public Law 93-
    198; D.C. Code, sec. 1-242(3)), shall apply with respect to the
    compensation of District of Columbia employees: Provided, That for pay
    purposes, employees of the District of Columbia government shall not be
    subject to the provisions of title 5 of the United States Code.
        Sec. 122. The Director of the Department of Administrative Services
    may pay rentals and repair, alter, and improve rented premises, without
    regard to the provisions of section 322 of the Economy Act of 1932
    (Public Law 72-212; 40 U.S.C. 278a), upon a determination by the
    Director, that by reason of circumstances set forth in such
    determination, the payment of these rents and the execution of this
    work, without reference to the limitations of section 322, is
    advantageous to the District in terms of economy, efficiency, and the
    District's best interest.
        Sec. 123. No later than 30 days after the end of the first quarter
    of the fiscal year ending September 30, 1996, the Mayor of the District
    of Columbia shall submit to the Council of the District of Columbia the
    new fiscal year 1996 revenue estimates as of the end of the first
    quarter of fiscal year 1996. These estimates shall be used in the
    budget request for the fiscal year ending September 30, 1997. The
    officially revised estimates at midyear shall be used for the midyear
    report.
        Sec. 124. No sole source contract with the District of Columbia
    government or any agency thereof may be renewed or extended without
    opening that contract to the competitive bidding process as set forth
    in section 303 of the District of Columbia Procurement Practices Act of
    1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-
    1183.3), except that the District of Columbia Public Schools may renew
    or extend sole source contracts for which competition is not feasible
    or practical, provided that the determination as to whether to invoke
    the competitive bidding process has been made in accordance with duly
    promulgated Board of Education rules and procedures.
        Sec. 125. For purposes of the Balanced Budget and Emergency Deficit
    Control Act of 1985, approved December 12, 1985 (99 Stat. 1037; Public
    Law 99-177), as amended, the term ``program, project, and activity''
    shall be synonymous with and refer specifically to each account
    appropriating Federal funds in this Act, and any sequestration order
    shall be applied to each of the accounts rather than to the aggregate
    total of those accounts: Provided, That sequestration orders shall not
    be applied to any account that is specifically exempted from
    sequestration by the Balanced Budget and Emergency Deficit Control Act
    of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177),
    as amended.
        Sec. 126. In the event a sequestration order is issued pursuant to
    the Balanced Budget and Emergency Deficit Control Act of 1985, approved
    December 12, 1985 (99 Stat. 1037: Public Law 99-177), as amended, after
    the amounts appropriated to the District of Columbia for the fiscal
    year involved have been paid to the District of Columbia, the Mayor of
    the District of Columbia shall pay to the Secretary of the Treasury,
    within 15 days after receipt of a request therefor from the Secretary
    of the Treasury, such amounts as are sequestered by the order:
    Provided, That the sequestration percentage specified in the order
    shall be applied proportionately to each of the Federal appropriation
    accounts in this Act that are not specifically exempted from
    sequestration by the Balanced Budget and Emergency Deficit Control Act
    of 1985, approved December 12, 1985 (99 Stat. 1037; Public Law 99-177),
    as amended.
        Sec. 127. For the fiscal year ending September 30, 1996, the
    District of Columbia shall pay interest on its quarterly payments to
    the United States that are made more than 60 days from the date of
    receipt of an itemized statement from the Federal Bureau of Prisons of
    amounts due for housing District of Columbia convicts in Federal
    penitentiaries for the preceding quarter.
        Sec. 128. Nothing in this Act shall be construed to authorize any
    office, agency or entity to expend funds for programs or functions for
    which a reorganization plan is required but has not been approved by
    the Council pursuant to section 422(12) of the District of Columbia
    Self-Government and Governmental Reorganization Act of 1973, approved
    December 24, 1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
    242(12)) and the Governmental Reorganization Procedures Act of 1981,
    effective October 17, 1981 (D.C. Law 4-42; D.C. Code, sec. 1-299.1 to
    1-299.7). Appropriations made by this Act for such programs or
    functions are conditioned on the approval by the Council, prior to
    October 1, 1995, of the required reorganization plans.
        Sec. 129. (a) An entity of the District of Columbia government may
    accept and use a gift or donation during fiscal year 1996 if--
                (1) the Mayor approves the acceptance and use of the gift
            or donation: Provided, That the Council of the District of
            Columbia may accept and use gifts without prior approval by the
            Mayor; and
                (2) the entity uses the gift or donation to carry out its
            authorized functions or duties.
        (b) Each entity of the District of Columbia government shall keep
    accurate and detailed records of the acceptance and use of any gift or
    donation under subsection (a) of this section, and shall make such
    records available for audit and public inspection.
        (c) For the purposes of this section, the term ``entity of the
    District of Columbia government'' includes an independent agency of the
    District of Columbia.
        (d) This section shall not apply to the District of Columbia Board
    of Education, which may, pursuant to the laws and regulations of the
    District of Columbia, accept and use gifts to the public schools
    without prior approval by the Mayor.
        Sec. 130. None of the Federal funds provided in this Act may be
    used by the District of Columbia to provide for salaries, expenses, or
    other costs associated with the offices of United States Senator or
    United States Representative under section 4(d) of the District of
    Columbia Statehood Constitutional Convention Initiatives of 1979,
    effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-113(d)).

                 Prohibition Against Use of Funds for Abortions

        Sec. 131. None of the funds appropriated under this Act shall be
    expended for any abortion except where the life of the mother would be
    endangered if the fetus were carried to term or where the pregnancy is
    the result of an act of rape or incest.

                      Prohibition on Domestic Partners Act

        Sec. 132. No funds made available pursuant to any provision of this
    Act shall be used to implement or enforce any system of registration of
    unmarried, cohabiting couples whether they are homosexual, lesbian, or
    heterosexual, including but not limited to registration for the purpose
    of extending employment, health, or governmental benefits to such
    couples on the same basis that such benefits are extended to legally
    married couples; nor shall any funds made available pursuant to any
    provision of this Act otherwise be used to implement or enforce D.C.
    Act 9-188, signed by the Mayor of the District of Columbia on April 15,
    1992.

    Compensation for the Commission on Judicial Disabilities and Tenure and
                     for the Judicial Nomination Commission

        Sec. 133. Sections 431(f) and 433(b)(5) of the District of Columbia
    Self-Government and Governmental Reorganization Act, approved December
    24, 1973 (87 Stat. 813; Public Law 93-198; D.C. Code, secs. 11-1524 and
    title 11, App. 433), are amended to read as follows:
        (a) Section 431(f) (D.C. Code, sec. 11-1524) is amended to read as
    follows:
        ``(f) Members of the Tenure Commission shall serve without
    compensation for services rendered in connection with their official
    duties on the Commission.''.
        (b) Section 433(b)(5) (title 11, App. 433) is amended to read as
    follows:
        ``(5) Members of the Commission shall serve without compensation
    for services rendered in connection with their official duties on the
    Commission.''.

                              Multiyear Contracts

        Sec. 134. Section 451 of the District of Columbia Self-Government
    and Governmental Reorganization Act of 1973, approved December 24, 1973
    (87 Stat. 803; Public Law 93-198; D.C. Code, sec. 1-1130), is amended
    by adding a new subsection (c) to read as follows:
        ``(c)(1) The District may enter into multiyear contracts to obtain
    goods and services for which funds would otherwise be available for
    obligation only within the fiscal year for which appropriated.
        ``(2) If the funds are not made available for the continuation of
    such a contract into a subsequent fiscal year, the contract shall be
    cancelled or terminated, and the cost of cancellation or termination
    may be paid from--
                ``(A) appropriations originally available for the
            performance of the contract concerned;
                ``(B) appropriations currently available for procurement of
            the type of acquisition covered by the contract, and not
            otherwise obligated; or
                ``(C) funds appropriated for those payments.
        ``(3) No contract entered into under this section shall be valid
    unless the Mayor submits the contract to the Council for its approval
    and the Council approves the contract (in accordance with criteria
    established by act of the Council). The Council shall be required to
    take affirmative action to approve the contract within 45 days. If no
    action is taken to approve the contract within 45 calendar days, the
    contract shall be deemed disapproved.''.

      Calculated Real Property Tax Rate Rescission and Real Property Tax
                                     Freeze

        Sec. 135. The District of Columbia Real Property Tax Revision Act
    of 1974, approved September 3, 1974 (88 Stat. 1051; D.C. Code, sec. 47-
    801 et seq.), is amended as follows:
                (1) Section 412 (D.C. Code, sec. 47-812) is amended as
            follows:
                        (A) Subsection (a) is amended by striking the third
                    and fourth sentences and inserting the following
                    sentences in their place: ``If the Council does extend
                    the time for establishing the rates of taxation on real
                    property, it must establish those rates for the tax
                    year by permanent legislation. If the Council does not
                    establish the rates of taxation of real property by
                    October 15, and does not extend the time for
                    establishing rates, the rates of taxation applied for
                    the prior year shall be the rates of taxation applied
                    during the tax year.''.
                        (B) A new subsection (a-2) is added to read as
                    follows:
        ``(a-2) Notwithstanding the provisions of subsection (a) of this
    section, the real property tax rates for taxable real property in the
    District of Columbia for the tax year beginning October 1, 1995, and
    ending September 30, 1996, shall be the same rates in effect for the
    tax year beginning October 1, 1993, and ending September 30, 1994.''.
                (2) Section 413(c) (D.C. Code, sec. 47-815(c)) is repealed.

                               Prisons Industries

        Sec. 136. Title 18 U.S.C. 1761(b) is amended by striking the period
    at the end and inserting the phrase ``or not-for-profit
    organizations.'' in its place.

                             Reports on Reductions

        Sec. 137. Within 120 days of the effective date of this Act, the
    Mayor shall submit to the Congress and the Council a report delineating
    the actions taken by the executive to effect the directives of the
    Council in this Act, including--
                (1) negotiations with representatives of collective
            bargaining units to reduce employee compensation;
                (2) actions to restructure existing long-term city debt;
                (3) actions to apportion the spending reductions
            anticipated by the directives of this Act to the executive for
            unallocated reductions; and
                (4) a list of any position that is backfilled including
            description, title, and salary of the position.

               Monthly Reporting Requirements--Board of Education

        Sec. 138. The Board of Education shall submit to the Congress,
    Mayor, and Council of the District of Columbia no later than fifteen
    (15) calendar days after the end of each month a report that sets
    forth--
                (1) current month expenditures and obligations, year-to-
            date expenditures and obligations, and total fiscal year
            expenditure projections vs. budget broken out on the basis of
            control center, responsibility center, agency reporting code,
            and object class, and for all funds, including capital
            financing;
                (2) a breakdown of FTE positions and staff for the most
            current pay period broken out on the basis of control center,
            responsibility center, and agency reporting code within each
            responsibility center, for all funds, including capital funds;
                (3) a list of each account for which spending is frozen and
            the amount of funds frozen, broken out by control center,
            responsibility center, detailed object, and agency reporting
            code, and for all funding sources;
                (4) a list of all active contracts in excess of $10,000
            annually, which contains; the name of each contractor; the
            budget to which the contract is charged broken out on the basis
            of control center, responsibility center, and agency reporting
            code; and contract identifying codes used by the D.C. Public
            Schools; payments made in the last month and year-to-date, the
            total amount of the contract and total payments made for the
            contract and any modifications, extensions, renewals; and
            specific modifications made to each contract in the last month;
                (5) all reprogramming requests and reports that are
            required to be, and have been, submitted to the Board of
            Education; and
                (6) changes made in the last month to the organizational
            structure of the D.C. Public Schools, displaying previous and
            current control centers and responsibility centers, the names
            of the organizational entities that have been changed, the name
            of the staff member supervising each entity affected, and the
            reasons for the structural change.

                         Monthly Reporting Requirement

                     university of the district of columbia

        Sec. 139. The University of the District of Columbia shall submit
    to the Congress, Mayor, and Council of the District of Columbia no
    later than fifteen (15) calendar days after the end of each month a
    report that sets forth--
                (1) current month expenditures and obligations, year-to-
            date expenditures and obligations, and total fiscal year
            expenditure projections vs. budget broken out on the basis of
            control center, responsibility center, and object class, and
            for all funds, including capital financing;
                (2) a breakdown of FTE positions and all employees for the
            most current pay period broken out on the basis of control
            center and responsibility center, for all funds, including
            capital funds;
                (3) a list of each account for which spending is frozen and
            the amount of funds frozen, broken out by control center,
            responsibility center, detailed object, and for all funding
            sources;
                (4) a list of all active contracts in excess of $10,000
            annually, which contains: the name of each contractor; the
            budget to which the contract is charged broken out on the basis
            of control center and responsibility center, and contract
            identifying codes used by the University of the District of
            Columbia; payments made in the last month and year-to-date, the
            total amount of the contract and total payments made for the
            contract and any modifications, extensions, renewals; and
            specific modifications made to each contract in the last month;
                (5) all reprogramming requests and reports that have been
            made by the University of the District of Columbia within the
            last month in compliance with applicable law; and
                (6) changes in the last month to the organizational
            structure of the University of the District of Columbia,
            displaying previous and current control centers and
            responsibility centers, the names of the organizational
            entities that have been changed, the name of the staff member
            supervising each entity affected, and the reasons for the
            structural change.

                         Annual Reporting Requirements

        Sec. 140. (a) The Board of Education of the District of Columbia
    and the University of the District of Columbia shall annually compile
    an accurate and verifiable report on the positions and employees in the
    public school system and the university, respectively. The annual
    report shall set forth--
                (1) the number of validated schedule A positions in the
            District of Columbia Public Schools and the University of the
            District of Columbia for fiscal year 1995, fiscal year 1996,
            and thereafter on full-time equivalent basis, including a
            compilation of all positions by control center, responsibility
            center, funding source, position type, position title, pay
            plan, grade, and annual salary; and
                (2) a compilation of all employees in the District of
            Columbia Public Schools and the University of the District of
            Columbia as of the preceding December 31, verified as to its
            accuracy in accordance with the functions that each employee
            actually performs, by control center, responsibility center,
            agency reporting code, program (including funding source),
            activity, location for accounting purposes, job title, grade
            and classification, annual salary, and position control number.
        (b) The annual report required by subsection (a) of this section
    shall be submitted to the Congress, the Mayor and Council of the
    District of Columbia, by not later than February 8 of each year.

                      Annual Budgets and Budget Revisions

        Sec. 141. (a) Not later than October 1, 1995, or within 15 calendar
    days after the date of the enactment of the District of Columbia
    Appropriations Act, 1996, whichever occurs later, and each succeeding
    year, the Board of Education and the University of the District of
    Columbia shall submit to the Congress, the Mayor, and Council of the
    District of Columbia, a revised appropriated funds operating budget for
    the public school system and the University of the District of Columbia
    for such fiscal year that is in the total amount of the approved
    appropriation and that realigns budgeted data for personal services and
    other-than-personal services, respectively, with anticipated actual
    expenditures.
        (b) The revised budget required by subsection (a) of this section
    shall be submitted in the format of the budget that the Board of
    Education and the University of the District of Columbia submit to the
    Mayor of the District of Columbia for inclusion in the Mayor's budget
    submission to the Council of the District of Columbia pursuant to
    section 442 of the District of Columbia Self-Government and
    Governmental Reorganization Act, Public Law 93-198, as amended (D.C.
    Code, sec. 47-301).

                                Budget Approval

        Sec. 142. The Board of Education the Board of Trustees of the
    University of the District of Columbia, the Board of Library Trustees,
    and the Board of Governors of the D.C. School of Law shall vote on and
    approve their respective annual or revised budgets before submission to
    the Mayor of the District of Columbia for inclusion in the Mayor's
    budget submission to the Council of the District of Columbia in
    accordance with section 442 of the District of Columbia Self-Government
    and Governmental Reorganization Act, Public Law 93-198, as amended
    (D.C. Code, sec. 47-301), or before submitting their respective budgets
    directly to the Council.

                       Public School Employee Evaluations

        Sec. 143. Notwithstanding any other provision of law, rule, or
    regulation, the evaluation process and instruments for evaluating
    District of Columbia Public Schools employees shall be a non-negotiable
    item for collective bargaining purposes.

                               Position Vacancies

        Sec. 144. (a) No agency, including an independent agency, shall
    fill a position wholly funded by appropriations authorized by this Act,
    which is vacant on October 1, 1995, or becomes vacant between October
    1, 1995, and September 30, 1996, unless the Mayor or independent agency
    submits a proposed resolution of intent to fill the vacant position to
    the Council. The Council shall be required to take affirmative action
    on the Mayor's resolution within 30 legislative days. If the Council
    does not affirmatively approve the resolution within 30 legislative
    days, the resolution shall be deemed disapproved.
        (b) No reduction in the number of full-time equivalent positions or
    reduction-in-force due to privatization or contracting out shall occur
    if the District of Columbia Financial Responsibility and Management
    Assistance Authority, established by section 101(a) of the District of
    Columbia Financial Responsibility and Management Assistance Act of
    1995, approved April 17, 1995 (109 Stat. 97; Public Law 104-8),
    disallows the full-time equivalent position reduction provided in this
    act in meeting the maximum ceiling of 35,984 for the fiscal year ending
    September 30, 1996.
        (c) This section shall not prohibit the appropriate personnel
    authority from filling a vacant position with a District government
    employee currently occupying a position that is funded with
    appropriated funds.
        (d) This section shall not apply to local school-based teachers,
    school-based officers, or school-based teachers' aides; or court
    personnel covered by title 11 of the D.C. Code, except chapter 23.

       Modifications of Board of Education Reduction-in-Force Procedures

        Sec. 145. The District of Columbia Government Comprehensive Merit
    Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
    Code, sec. 1-601.1 et seq.), is amended as follows:
        (a) Section 301 (D.C. Code, sec. 1-603.1) is amended as follows:
                (1) A new paragraph (13A) is added to read as follows:
        ``(13A) `Nonschool-based personnel' means any employee of the
    District of Columbia Public Schools who is not based at a local school
    or who does not provide direct services to individual students.''.
                (2) A new paragraph (15A) is added to read as follows:
        ``(15A) `School administrators' means principals, assistant
    principals, school program directors, coordinators, instructional
    supervisors, and support personnel of the District of Columbia Public
    Schools.''.
        (b) Section 801A(b)(2) (D.C. Code, sec. 1-609.1(b)(2)) is amended
    by adding a new subparagraph (L-i) to read as follows:
        ``(L-i) Notwithstanding any other provision of law, the Board of
    Education shall not issue rules that require or permit nonschool-based
    personnel or school administrators to be assigned or reassigned to the
    same competitive level as classroom teachers;''
        (c) Section 2402 (D.C. Code, sec. 1-625.2) is amended by adding a
    new subsection (f) to read as follows:
        ``(f) Notwithstanding any other provision of law, the Board of
    Education shall not require or permit nonschool-based personnel or
    school administrators to be assigned or reassigned to the same
    competitive level as classroom teachers.''.
        Sec. 146. (a) Notwithstanding any other provision of law, rule, or
    regulation, an employee of the District of Columbia Public Schools
    shall be--
                (1) classified as an Educational Service employee;
                (2) placed under the personnel authority of the Board of
            Education; and
                (3) subject to all Board of Education rules.
        (b) School-based personnel shall constitute a separate competitive
    area from nonschool-based personnel who shall not compete with school-
    based personnel for retention purposes.
        Sec. 147. None of the funds provided in this Act may be used
    directly or indirectly for the renovation of the property located at
    227 7th Street Southeast (commonly known as Eastern Market), except
    that funds provided in this Act may be used for the regular maintenance
    and upkeep of the current structure and grounds located at such
    property.

                           Capital Project Employees

        Sec. 148. (a) Not later than 15 days after the end of every fiscal
    quarter (beginning October 1, 1995), the Mayor shall submit to the
    Council of the District of Columbia, the District of Columbia Financial
    Responsibility and Management Assistance Authority, and the Committees
    on Appropriations of the House of Representatives and the Senate a
    report with respect to the employees on the capital project budget for
    the previous quarter.
        (b) Each report submitted pursuant to subsection (a) of this
    section shall include the following information--
                (1) a list of all employees by position, title, grade and
            step;
                (2) a job description, including the capital project for
            which each employee is working;
                (3) the date that each employee began working on the
            capital project and the ending date that each employee
            completed or is projected to complete work on the capital
            project; and
                (4) a detailed explanation justifying why each employee is
            being paid with capital funds.

                 Modification of Reduction-in-Force Procedures

        Sec. 149. The District of Columbia Government Comprehensive Merit
    Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
    Code, sec. 1-601.1 et seq.), is amended as follows:
        (a) Section 2401 (D.C. Code, sec. 1-625.1) is amended by amending
    the third sentence to read as follows: ``A personnel authority may
    establish lesser competitive areas within an agency on the basis of all
    or a clearly identifiable segment of an agency's mission or a division
    or major subdivision of an agency.''.
        (b) A new section 2406 is added to read as follows:
        ``Sec. 2406. Abolishment of positions for Fiscal Year 1996.
        ``(a) Notwithstanding any other provision of law, regulation, or
    collective bargaining agreement either in effect or to be negotiated
    while this legislation is in effect for the fiscal year ending
    September 30, 1996, each agency head is authorized, within the agency
    head's discretion, to identify positions for abolishment.
        ``(b) Prior to February 1, 1996, each personnel authority shall
    make a final determination that a position within the personnel
    authority is to be abolished.
        ``(c) Notwithstanding any rights or procedures established by any
    other provision of this title, any District government employee,
    regardless of date of hire, who encumbers a position identified for
    abolishment shall be separated without competition or assignment
    rights, except as provided in this section.
        ``(d) An employee affected by the abolishment of a position
    pursuant to this section who, but for this section would be entitled to
    compete for retention, shall be entitled to 1 round of lateral
    competition pursuant to Chapter 24 of the District of Columbia
    Personnel Manual, which shall be limited to positions in the employee's
    competitive level.
        ``(e) Each employee who is a bona fide resident of the District of
    Columbia shall have added 5 years to his or her creditable service for
    reduction-in-force purposes. For purposes of this subsection only, a
    nonresident District employee who was hired by the District government
    prior to January 1, 1980, and has not had a break in service since that
    date, or a former employee of the U.S. Department of Health and Human
    Services at Saint Elizabeths Hospital who accepted employment with the
    District government on October 1, 1987, and has not had a break in
    service since that date, shall be considered a District resident.
        ``(f) Each employee selected for separation pursuant to this
    section shall be given written notice of at least 30 days before the
    effective date of his or her separation.
        ``(g) Neither the establishment of a competitive area smaller than
    an agency, nor the determination that a specific position is to be
    abolished, nor separation pursuant to his section shall be subject to
    review except as follows--
                ``(1) an employee may file a complaint contesting a
            determination or a separation pursuant to title XV of this Act
            or section 303 of the Human Rights Act of 1977, effective
            December 13, 1977 (D.C. Law 2-38; D.C. Code, sec. 1-2543); and
                ``(2) an employee may file with the Office of Employee
            Appeals an appeal contesting that the separation procedures of
            subsections (d) and (f) of this section were not properly
            applied.
        ``(h) An employee separated pursuant to this section shall be
    entitled to severance pay in accordance with title XI of this Act,
    except that the following shall be included in computing creditable
    service for severance pay for employees separated pursuant to this
    section--
                ``(1) four years for an employee who qualified for
            veteran's preference under this act, and
                ``(2) three years for an employee who qualified for
            residency preference under this Act.
        ``(i) Separation pursuant to this section shall not affect an
    employee's rights under either the Agency Reemployment Priority Program
    or the Displaced Employee Program established pursuant to Chapter 24 of
    the District Personnel Manual.
        ``(j) The Mayor shall submit to the Council a listing of all
    positions to be abolished by agency and responsibility center by March
    1, 1996, or upon the delivery of termination notices to individual
    employees.
        ``(k) Notwithstanding the provisions of section 1708 or section
    2402(d), the provisions of this act shall not be deemed negotiable.
        ``(l) A personnel authority shall cause a 30-day termination notice
    to be served, no later than September 1, 1996, on any incumbent
    employee remaining in any position identified to be abolished pursuant
    to subsection (b) of this section''.
        Sec. 150. (a) Ceiling on Total Operating Expenses.--Notwithstanding
    any other provision of law, the total amount appropriated in this Act
    for operating expenses for the District of Columbia for fiscal year
    1996 under the caption ``Division of Expenses'' shall not exceed
    $4,994,000,000 of which $165,339,000 shall be from intra-District
    funds.
        (b) Acceptance and Use of Grants Not Included in Ceiling.--
                (1) In general.--Notwithstanding subsection (a), the Mayor
            of the District of Columbia may accept, obligate, and expend
            Federal, private, and other grants received by the District
            government that are not reflected in the amounts appropriated
            in this Act.
                (2) Requirement of chief financial officer report and
            financial responsibility and management assistance authority
            approval.--No such Federal, private, or other grant may be
            accepted, obligated, or expended pursuant to paragraph (1)
            until--
                        (A) the Chief Financial Officer of the District
                    submits to the District of Columbia Financial
                    Responsibility and Management Assistance Authority
                    established by Public Law 104-8 (109 Stat. 97) a report
                    setting forth detailed information regarding such
                    grant; and
                        (B) the District of Columbia Financial
                    Responsibility and Management Assistance Authority has
                    reviewed and approved the acceptance, obligation, and
                    expenditure of such grant in accordance with review and
                    approval procedures consistent with the provisions of
                    Public Law 104-8.
                (3) Prohibition on spending in anticipation of approval or
            receipt.--No amount may be obligated or expended from the
            general fund or other funds of the District government in
            anticipation of the approval or receipt of a grant under
            paragraph (2)(B) or in anticipation of the approval or receipt
            of a Federal, private, or other grant not subject to such
            paragraph.
                (4) Monthly reports.--The Chief Financial Officer of the
            District shall prepare a monthly report setting forth detailed
            information regarding all Federal, private, and other grants
            subject to this subsection. Each such report shall be submitted
            to the Council of the District of Columbia, and to the
            Committees on Appropriations of the House of Representatives
            and the Senate, not later than 15 days after the end of the
            month covered by the report.

                     Plans for Lorton Correctional Complex

        Sec. 151. (a) Development of Plans.--Not later than March 15, 1996,
    the District of Columbia shall develop a series of alternative plans
    meeting the requirements of subsection (b) for the use and operation of
    the Lorton Correctional Complex (hereafter in this section referred to
    as the ``Complex''), including--
                (1) a plan under which the Complex will be closed;
                (2) a plan under which the Complex will remain in operation
            under the management of the District of Columbia subject to
            such modifications as the District considers appropriate;
                (3) a plan under which the Complex will be operated under
            the management of the Federal government;
                (4) a plan under which the Complex will be operated under
            private management; and
                (5) such other plans as the District of Columbia considers
            appropriate.
        (b) Requirements for Plans.--Each of the plans developed by the
    District of Columbia under subsection (a) shall meet the following
    requirements:
                (1) The plan shall provide for an appropriate transition
            period not to exceed 5 years in length.
                (2) The plan shall include provisions specifying how and to
            what extent the District will utilize alternative management,
            including the private sector, for the operation of correctional
            facilities for the District, and shall include provisions
            describing the treatment under such alternative management
            (including under contracts) of site selection, design,
            financing, construction, and operation of correctional
            facilities for the District.
                (3) The plan shall include a description of any legislation
            required to implenent the plan.
                (4) The plan shall include an implementation schedule,
            together with specific performance measures and timelines to
            determine the extent to which the District is meeting the
            schedule during the transition period.
                (5) Under the plan, the Mayor of the District of Columbia
            shall submit a semi-annual report to the President, Congress,
            and the District of Columbia Financial Responsibility and
            Management Assistance Authority describing the actions taken by
            the District under the plan, and in addition shall regularly
            report to the President, Congress, and the District of Columbia
            Financial Responsibility and Management Assistance Authority on
            all significant measures taken under the plan as soon as such
            measures are taken.
                (6) For each of the years during which the plan is in
            effect, the plan shall be consistent with the financial plan
            and budget for the District of Columbia for the year under
            subtitle A of title II of the District of Columbia Financial
            Responsibility and Management Assistance Act of 1995.
        (c) Submission of Plan.--Upon completing the development of the
    plans under subsection (a), the District of Columbia shall submit the
    plans to the President, Congress, and the District of Columbia
    Financial Responsibility and Management Assistance Authority.

               Prohibition Against Adoption by Unmarried Couples

        Sec. 152. (a) In General.--Section 16-302, D.C. Code, is amended--
                (1) by striking ``Any person'' and inserting ``(a) Subject
            to subsection (b), any person''; and
                (2) by adding at the end the following subsection:
        ``(b)(1) Except as provided in paragraph (2), no person may join in
    a petition under this section unless the person is the spouse of the
    petitioner.
        ``(2) An unmarried person may file a petition for adoption where no
    other person joins in the petition or where the co-petitioner is the
    natural parent of the child.''.

       Technical Corrections to Financial Responsibility and Management
                                 Assistance Act

        Sec. 153. (a) Requiring GSA To Provide Support Services.--Section
    103(f) of the District of Columbia Financial Responsibility and
    Management Assistance Act of 1995 is amended by striking ``may
    provide'' and inserting ``shall promptly provide''.
        (b) Availability of Certain Federal Benefits for Individuals Who
    Become Employed by the Authority.--
                (1) Former federal employees.--Subsection (e) of section
            102 of such Act is amended to read as follows:
        ``(e) Preservation of Retirement and Certain Other Rights of
    Federal Employees Who Become Employed by the Authority.--
                ``(1) In general.--Any Federal employee who becomes
            employed by the Authority--
                        ``(A) may elect, for the purposes set forth in
                    paragraph (2)(A), to be treated, for so long as that
                    individual remains continuously employed by the
                    Authority, as if such individual had not separated from
                    service with the Federal Government, subject to
                    paragraph (3); and
                        ``(B) shall, if such employee subsequently becomes
                    reemployed by the Federal Government, be entitled to
                    have such individual's service with the Authority
                    treated, for purposes of determining the appropriate
                    leave accrual rate, as if it had been service with the
                    Federal Government.
                ``(2) Effect of an election.--An election made by an
            individual under the provisions of paragraph (1)(A)--
                        ``(A) shall qualify such individual for the
                    treatment describe in such provisions for purposes of--
                                ``(i) chapter 83 or 84 of title 5, United
                            States Code, as appropriate (relating to
                            retirement), including the Thrift Savings Plan;
                                ``(ii) chapter 87 of such title (relating
                            to life insurance); and
                                ``(iii) chapter 89 of such title (relating
                            to health insurance); and
                        ``(B) shall disqualify such individual, while such
                    election remains in effect, from participating in the
                    programs offered by the government of the District of
                    Columbia (if any) corresponding to the respective
                    programs referred to in subparagraph (A).
                ``(3) Conditions for an election to be effective.--An
            election made by an individual under paragraph (1)(A) shall be
            ineffective unless--
                        ``(A) it is made before such individual separates
                    from service with the Federal Government; and
                        ``(B) such individual's service with the Authority
                    commences within 3 days after so separating (not
                    counting any holiday observed by the government of the
                    District of Columbia).
                ``(4) Contributions.--If an individual makes an election
            under paragraph (1)(A), the Authority shall, in accordance with
            applicable provisions of law referred to in paragraph (2)(A),
            be responsible for making the same deductions from pay and the
            same agency contributions as would be required if it were a
            Federal agency.
                ``(5) Regulations.--Any regulations necessary to carry out
            this subsection shall be prescribed in consultation with the
            Authority by--
                        ``(A) the Office of Personnel Management, to the
                    extent that any program administered by the office is
                    involved;
                        ``(B) the appropriate office or agency of the
                    government of the District of Columbia, to the extent
                    that any program administered by such office or agency
                    is involved; and
                        ``(C) the Executive Director referred to in section
                    8474 of title 5, United States Code, to the extent that
                    the Thrift Savings Plan is involved.''.
                (2) Other individuals.--Section 102 of such Act is further
            amended by adding at the end the following:
        ``(f) Federal Benefits for Others.--
                ``(1) In general.--The Office of Personnel Management, in
            conjunction with each corresponding office or agency of the
            government of the District of Columbia and in consultation with
            the Authority, shall prescribe regulations under which any
            individual who becomes employed by the Authority (under
            circumstances other than as described in subsection (e)) may
            elect either--
                        (A) to be deemed a Federal employee for purposes of
                    the programs referred to in subsection (e)(2)(A) (i)-
                    (iii); or
                        ``(B) to participate in 1 or more of the
                    corresponding programs offered by the government of the
                    District of Columbia.
                ``(2) Effect of an election.--An individual who elects the
            option under subparagraph (A) or (B) of paragraph (1) shall be
            disqualified, while such election remains in effect, from
            participating in any of the programs referred to in the other
            such subparagraph.
                ``(3) Definition of `corresponding office or agency'.--For
            purposes of paragraph (1), the term `corresponding office or
            agency of the government of the District of Columbia' means,
            with respect to any program administered by the Office of
            Personnel Management, the office or agency responsible for
            administering the corresponding program (if any) offered by the
            government of the District of Columbia.
                ``(4) Thrift savings plan.--To the extent that the Thrift
            Savings Plan is involved, the preceding provisions of this
            subsection shall be applied by substituting `the Executive
            Director referred to in section 8474 of title 5, United States
            Code' for `the Office of Personnel Management'.''.
                (3) ``Effective date; additional election for former
            federal employees serving on date of enactment; election for
            employees appointed during interim period.--
                        (A) Effective date.--Not later than 6 months after
                    the date of enactment of this Act, there shall be
                    prescribed in consultation with the Authority (and take
                    effect)--
                                (i) regulations to carry out the amendments
                            made by this subsection; and
                                (ii) any other regulations necessary to
                            carry out this subsection.
                        (B) Additional election for former federal
                    employees serving on date of enactment.--
                                (i) In general.--Any former Federal
                            employee employed by the Authority on the
                            effective date of the regulations referred to
                            in subparagraph (A)(i) may, within such period
                            as may be provided for under those regulations,
                            make an election similar, to the maximum extent
                            practicable, to the election provided for under
                            section 102(e) of the District of Columbia
                            Financial Responsibility and Management
                            Assistance Act of 1995, as amended by this
                            subsection. Such regulations shall be
                            prescribed jointly by the Office of Personnel
                            Management and each corresponding office or
                            agency of the government of the District of
                            Columbia (in the same manner as provided for in
                            section 102(f) of such Act, as so amended).
                                (ii) Exception.--An election under this
                            subparagraph may not be made by any individual
                            who--
                                        (I) is not then participating in a
                                    retirement system for Federal employees
                                    (disregarding Social Security); or
                                        (II) is then participating in any
                                    program of the government of the
                                    District of Columbia referred to in
                                    section 102(e)(2)(B) of such Act (as so
                                    amended).
                        (C) Election for employees appointed during interim
                    period.--
                                (i) From the federal government.--
                            Subsection (e) of section 102 of the District
                            of Columbia Financial Responsibility and
                            Management Assistance Act of 1995 (as last in
                            effect before the date of enactment of this
                            Act) shall be deemed to have remained in effect
                            for purposes of any Federal employee who
                            becomes employed by the District of Columbia
                            Financial Responsibility and Management
                            Assistance Authority during the period
                            beginning on such date of enactment and ending
                            on the day before the effective date of the
                            regulations prescribed to carry out
                            subparagraph (B).
                                (ii) Other individuals.--The regulations
                            prescribed to carry out subsection (f) of
                            section 102 of the District of Columbia
                            Financial Responsibility and Management
                            Assistance Act of 1995 (as amended by this
                            subsection) shall include provisions under
                            which an election under such subsection shall
                            be available to any individual who--
                                        (I) becomes employed by the
                                    District of Columbia Financial
                                    Responsibility and Management
                                    Assistance Authority during the period
                                    beginning on the date of enactment of
                                    this Act and ending on the day before
                                    the effective date of such regulations;
                                        (II) would have been eligible to
                                    make an election under such regulations
                                    had those regulations been in effect
                                    when such individual became so
                                    employed; and
                                        (III) is not then participating in
                                    any program of the government of the
                                    District of Columbia referred to in
                                    subsection (f)(1)(B) of such section
                                    102 (as so amended).
        (c) Exemption From Liability for Claims for Authority Employees.--
    Section 104 of such Act is amended--
                (1) by striking ``the Authority and its members'' and
            inserting ``the Authority, its members, and its employees'';
            and
                (2) by striking ``the District of Columbia'' and inserting
            ``the Authority or its members or employees or the District of
            Columbia''.
        (d) Permitting Review of Emergency Legislation.--Section 203(a)(3)
    of such Act is amended by striking subparagraph (C).

         Establishment of Exclusive Accounts for Blue Plains Activities

        Sec. 154. (a) Operation and Maintenance Account.--
                (1) Contents of account.--There is hereby established
            within the Water and Sewer Enterprise Fund the Operation and
            Maintenance Account, consisting of all fund paid to the
            District of Columbia on or after the date of the enactment of
            this Act which are--
                        (A) attributable to waste water treatment user
                    charges;
                        (B) paid by users jurisdictions for the operation
                    and maintenance of the Blue Plains Wastewater Treatment
                    Facility and related waste water treatment works; or
                        (C) appropriated or otherwise provided for the
                    operation and maintenance of the Blue Plains Wastewater
                    Treatment Facility and related waste water treatment
                    works.
                (2) Use of funds in account.--Funds in the Operation and
            Maintenance Account shall be used solely for funding the
            operation and maintenance of the Blue Plains Wastewater
            Treatment Facility and related waste water treatment works and
            may not be obligated or expended for any other purpose, and may
            be used for related debt service and capital costs if such
            funds are not attributable to user charges assessed for
            purposes of section 204(b)(1) of the Federal Water Pollution
            Control Act.
        (b) EPA Grant Account.--
                (1) Contents of account.--There is hereby established
            within the Water and Sewer Enterprise Fund and EPA Grant
            Account, consisting of all funds paid to the District of
            Columbia on or after the date of the enactment of this Act
            which are--
                        (A) attributable to grants from the Environmental
                    Protection Agency for construction at the Blue Plains
                    Wastewater Treatment Facility and related waste water
                    treatment works; or
                        (B) appropriated or otherwise provided for
                    construction at the Blue Plains Wastewater Treatment
                    Facility and related waste water treatment works.
                (2) Use of funds in account.--Funds in the EPA Grant
            Account shall be used solely for the purposes specified under
            the terms of the grants and appropriations involved, and may
            not be obligated or expended for any other purpose.
        Sec. 155. (a) Up to 50 police officers and up to 50 Fire and
    Emergency Medical Services members who were hired before February 14,
    1980, and who retire on disability before the end of calendar year 1996
    shall be excluded from the computation of the rate of disability
    retirements under subsection 145(a) of the District of Columbia
    Retirement Reform Act of 1979 (93 Stat. 882; D.C. Code, sec. 1-725(a)),
    for purposes of reducing the authorized Federal payment to the District
    of Columbia Police Offices and Fire Fighters' Retirement Fund pursuant
    to subsection 145(c) of the District of Columbia Retirement Reform Act
    of 1979.
        (b) The Mayor, within 30 days after the enactment of this
    provision, shall engage an enrolled actuary, to be paid by the District
    of Columbia Retirement Board, and shall comply with the requirements of
    section 142(d) and section 144(d) of the District of Columbia
    Retirement Reform Act of 1979 (Public Law 96-122, approved November 17,
    1979; D.C. Code, secs. 1-722(d) and 1-724(d)).
        This title may be cited as the ``District of Columbia
    Appropriations Act, 1996''.

                  TITLE II--DISTRICT OF COLUMBIA SCHOOL REFORM

    SEC. 2001. SHORT TITLE.

        This title may be cited as the ``District of Columbia School Reform
    Act of 1995''.

    SEC. 2002. DEFINITIONS.

        Except as otherwise provided, for purposes of this title:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the Committee on Appropriations of the House of
                    Representatives and the Committee on Appropriations of
                    the Senate;
                        (B) the Committee on Economic and Educational
                    Opportunities of the House of Representatives and the
                    Committee on Labor and Human Resources of the Senate;
                    and
                        (C) the Committee on Government Reform and
                    Oversight of the House of Representatives and the
                    Committee on Governmental Affairs of the Senate.
                (2) Authority.--The term ``Authority'' means the District
            of Columbia Financial Responsibility and Management Assistance
            Authority established under section 101(a) of the District of
            Columbia Financial Responsibility and Management Assistance Act
            of 1995 (Public Law 104-8).
                (3) Average daily attendance.--The term ``average daily
            attendance'' means the aggregate attendance of students of the
            school during the period divided by the number of days during
            the period in which--
                        (A) the school is in session; and
                        (B) the students of the school are under the
                    guidance and direction of teachers.
                (4) Average daily membership.--The term ``average daily
            membership'' means the aggregate enrollment of students of the
            school during the period divided by the number of days during
            the period in which--
                        (A) the school is in session; and
                        (B) the students of the school are under the
                    guidance and direction of teachers.
                (5) Board of education.--The term ``Board of Education''
            means the Board of Education of the District of Columbia.
                (6) Board of trustees.--The term ``Board of Trustees''
            means the governing board of a public charter school, the
            members of which are selected pursuant to the charter granted
            to the school and in a manner consistent with this title.
                (7) Consensus commission.--The term ``Consensus
            Commission'' means the Commission on Consensus Reform in the
            District of Columbia public schools established under subtitle
            L.
                (8) Core curriculum.--The term ``core curriculum'' means
            the concepts, factual knowledge, and skills that students in
            the District of Columbia should learn in kindergarten through
            grade 12 in academic content areas, including, at a minimum,
            English, mathematics, science, and history.
                (9) District of columbia council.--The term ``District of
            Columbia Council'' means the Council of the District of
            Columbia established pursuant to section 401 of the District of
            Columbia Self-Government and Governmental Reorganization Act
            (D.C. Code, sec. 1-221).
                (10) District of columbia government.--
                        (A) In general.--The term ``District of Columbia
                    Government'' means the government of the District of
                    Columbia, including--
                                (i) any department, agency, or
                            instrumentality of the government of the
                            District of Columbia;
                                (ii) any independent agency of the District
                            of Columbia established under part F of title
                            IV of the District of Columbia Self-Government
                            and Governmental Reorganization Act;
                                (iii) any other agency, board, or
                            commission established by the Mayor or the
                            District of Columbia Council;
                                (iv) the courts of the District of
                            Columbia;
                                (v) the District of Columbia Council; and
                                (vi) any other agency, public authority, or
                            public nonprofit corporation that has the
                            authority to receive moneys directly or
                            indirectly from the District of Columbia (other
                            than moneys received from the sale of goods,
                            the provision of services, or the loaning of
                            funds to the District of Columbia).
                        (B) Exception.--The term ``District of Columbia
                    Government'' neither includes the Authority nor a
                    public charter school.
                (11) District of columbia government retirement system.--
            The term ``District of Columbia Government retirement system''
            means the retirement programs authorized by the District of
            Columbia Council or the Congress for employees of the District
            of Columbia Government.
                (12) District of columbia public school.--
                        (A) In general.--The term ``District of Columbia
                    public school'' means a public school in the District
                    of Columbia that offers classes--
                                (i) at any of the grade levels from
                            prekindergarten through grade 12; or
                                (ii) leading to a secondary school diploma,
                            or its recognized equivalent.
                        (B) Exception.--The term ``District of Columbia
                    public school'' does not include a public charter
                    school.
                (13) Districtwide assessments.--The term ``districtwide
            assessments'' means a variety of assessment tools and
            strategies (including individual student assessments under
            subparagraph (E)(ii)) administered by the Superintendent to
            students enrolled in District of Columbia public schools and
            public charter schools that--
                        (A) are aligned with the District of Columbia's
                    content standards and core curriculum;
                        (B) provide coherent information about student
                    attainment of such standards;
                        (C) are used for purposes for which such
                    assessments are valid, reliable, and unbiased, and are
                    consistent with relevant nationally recognized
                    professional and technical standards for such
                    assessments;
                        (D) involve multiple up-to-date measures of student
                    performance, including measures that assess higher
                    order thinking skills and understanding; and
                        (E) provide for--
                                (i) the participation in such assessments
                            of all students;
                                (ii) individual student assessments for
                            students that fail to reach minimum acceptable
                            levels of performance;
                                (iii) the reasonable adaptations and
                            accommodations for students with special needs
                            (as defined in paragraph (32)) necessary to
                            measure the achievement of such students
                            relative to the District of Columbia's content
                            standards; and
                                (iv) the inclusion of limited-English
                            proficient students, who shall be assessed, to
                            the extent practicable, in the language and
                            form most likely to yield accurate and reliable
                            information regarding such students' knowledge
                            and abilities.
                (14) Electronic data transfer system.--The term
            ``electronic data transfer system'' means a computer-based
            process for the maintenance and transfer of student records
            designed to permit the transfer of individual student records
            among District of Columbia public schools and public charter
            schools.
                (15) Elementary school.--The term ``elementary school''
            means an institutional day or residential school that provides
            elementary education, as determined under District of Columbia
            law.
                (16) Eligible applicant.--The term ``eligible applicant''
            means a person, including a private, public, or quasi-public
            entity, or an institution of higher education (as defined in
            section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.
            1141(a))), that seeks to establish a public charter school in
            the District of Columbia.
                (17) Eligible chartering authority.--The term ``eligible
            chartering authority'' means any of the following:
                        (A) The Board of Education.
                        (B) The Public Charter School Board.
                        (C) Any one entity designated as an eligible
                    chartering authority by enactment of a bill by the
                    District of Columbia Council after the date of the
                    enactment of this Act.
                (18) Family resource center.--The term ``family resource
            center'' means an information desk--
                        (A) located in a District of Columbia public school
                    or a public charter school serving a majority of
                    students whose family income is not greater than 185
                    percent of the income official 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 applicable to a
                    family of the size involved (42 U.S.C. 9902(3))); and
                        (B) which links students and families to local
                    resources and public and private entities involved in
                    child care, adult education, health and social
                    services, tutoring, mentoring, and job training.
                (19) Individual career path.--The term ``individual career
            path'' means a program of study that provides a secondary
            school student the skills necessary to compete in the 21st
            century workforce.
                (20) Literacy.--The term ``literacy'' means--
                        (A) in the case of a minor student, such student's
                    ability to read, write, and speak in English, and
                    compute and solve problems at levels of proficiency
                    necessary to function in society, to achieve such
                    student's goals, and develop such student's knowledge
                    and potential; and
                        (B) in the case of an adult, such adult's ability
                    to read, write, and speak in English, and compute and
                    solve problems at levels of proficiency necessary to
                    function on the job and in society, to achieve such
                    adult's goals, and develop such adult's knowledge and
                    potential.
                (21) Long-term reform plan.--The term ``long-term reform
            plan'' means the plan submitted by the Superintendent under
            section 2101.
                (22) Mayor.--The term ``Mayor'' means the Mayor of the
            District of Columbia.
                (23) Metrobus and metrorail transit system.--The term
            ``Metrobus and Metrorail Transit System'' means the bus and
            rail systems administered by the Washington Metropolitan Area
            Transit Authority.
                (24) Minor student.--The term ``minor student'' means an
            individual who--
                        (A) is enrolled in a District of Columbia public
                    school or a public charter school; and
                        (B) is not beyond the age of compulsory school
                    attendance, as prescribed in section 1 of article I,
                    and section 1 of article II, of the Act of February 4,
                    1925 (sections 31-401 and 31-402, D.C. Code).
                (25) Nonresident student.--The term ``nonresident student''
            means--
                        (A) an individual under the age of 18 who is
                    enrolled in a District of Columbia public school or a
                    public charter school, and does not have a parent
                    residing in the District of Columbia; or
                        (B) an individual who is age 18 or older and is
                    enrolled in a District of Columbia public school or
                    public charter school, and does not reside in the
                    District of Columbia.
                (26) Parent.--The term ``parent'' means a person who has
            custody of a child, and who--
                        (A) is a natural parent of the child;
                        (B) is a stepparent of the child;
                        (C) has adopted the child; or
                        (D) is appointed as a guardian for the child by a
                    court of competent jurisdiction.
                (27) Petition.--The term ``petition'' means a written
            application.
                (28) Promotion gate.--The term ``promotion gate'' means the
            criteria, developed by the Superintendent and approved by the
            Board of Education, that are used to determine student
            promotion at different grade levels. Such criteria shall
            include student achievement on districtwide assessments
            established under subtitle D.
                (29) Public charter school.--The term ``public charter
            school'' means a publicly funded school in the District of
            Columbia that--
                        (A) is established pursuant to subtitle B; and
                        (B) except as provided under sections 2212(d)(5)
                    and 2213(c)(5) is not a part of the District of
                    Columbia public schools.
                (30) Public charter school board.--The term ``Public
            Charter School Board'' means the Public Charter School Board
            established under section 2214.
                (31) Secondary school.--The term ``secondary school'' means
            an institutional day or residential school that provides
            secondary education, as determined by District of Columbia law,
            except that such term does not include any education beyond
            grade 12.
                (32) Student with special needs.--The term ``student with
            special needs'' means a student who is a child with a
            disability as provided in section 602(a)(1) of the Individuals
            with Disabilities Education Act (20 U.S.C. 1401(a)(1)) or a
            student who is an individual with a disability as provided in
            section 7(8) of the Rehabilitation Act of 1973 (29 U.S.C.
            706(8)).
                (33) Superintendent.--The term ``Superintendent'' means the
            Superintendent of the District of Columbia public schools.
                (34) Teacher.--The term ``teacher'' means any person
            employed as a teacher by the Board of Education or by a public
            charter school.

    SEC. 2003. GENERAL EFFECTIVE DATE.

        Except as otherwise provided in this title, this title shall be
    effective during the period beginning on the date of enactment of this
    Act and ending 5 years after such date.

                  Subtitle A--District of Columbia Reform Plan

    SEC. 2101. LONG-TERM REFORM PLAN.

        (a) In General.--
                (1) Plan.--The Superintendent, with the approval of the
            Board of Education, shall submit to the Mayor, the District of
            Columbia Council, the Authority, the Consensus Commission, and
            the appropriate congressional committees, a long-term reform
            plan, not later than 90 days after the date of enactment of
            this Act, and each February 15 thereafter. The long-term reform
            plan shall be consistent with the financial plan and budget for
            the District of Columbia for fiscal year 1996, and each
            financial plan and budget for a subsequent fiscal year, as the
            case may be, required under section 201 of the District of
            Columbia Financial Responsibility and Management Assistance Act
            of 1995.
                (2) Consultation.--
                        (A) In general.--In developing the long-term reform
                    plan, the Superintendent--
                                (i) shall consult with the Board of
                            Education, the Mayor, the District of Columbia
                            Council, the Authority, and the Consensus
                            Commission; and
                                (ii) shall afford the public, interested
                            organizations, and groups an opportunity to
                            present their views and make recommendations
                            regarding the long-term reform plan.
                        (B) Summary of recommendations.--The Superintendent
                    shall include in the long-term plan a summary of the
                    recommendations made under subparagraph (A)(ii) and the
                    response of the Superintendent to the recommendations.
        (b) Contents.--
                (1) Areas to be addressed.--The long-term reform plan shall
            describe how the District of Columbia public schools will
            become a world-class education system that prepares students
            for lifetime learning in the 21st century and which is on a par
            with the best education systems of other cities, States, and
            nations. The long-term reform plan shall include a description
            of how the District of Columbia public schools will accomplish
            the following:
                        (A) Achievement at nationally and internationally
                    competitive levels by students attending District of
                    Columbia public schools.
                        (B) The preparation of students for the workforce,
                    including--
                                (i) providing special emphasis for students
                            planning to obtain a postsecondary education;
                            and
                                (ii) the development of individual career
                            paths.
                        (C) The improvement of the health and safety of
                    students in District of Columbia public schools.
                        (D) Local school governance, decentralization,
                    autonomy, and parental choice among District of
                    Columbia public schools.
                        (E) The implementation of a comprehensive and
                    effective adult education and literacy program.
                        (F) The identification, beginning in grade 3, of
                    each student who does not meet minimum standards of
                    academic achievement in reading, writing, and
                    mathematics in order to ensure that such student meets
                    such standards prior to grade promotion.
                        (G) The achievement of literacy, and the possession
                    of the knowledge and skills necessary to think
                    critically, communicate effectively, and perform
                    competently on districtwide assessments, by students
                    attending District of Columbia public schools prior to
                    such student's completion of grade 8.
                        (H) The establishment of after-school programs that
                    promote self-confidence, self-discipline, self-respect,
                    good citizenship, and respect for leaders, through such
                    activities as arts classes, physical fitness programs,
                    and community service.
                        (I) Steps necessary to establish an electronic data
                    transfer system.
                        (J) Encourage parental involvement in all school
                    activities, particularly parent teacher conferences.
                        (K) Development and implementation, through the
                    Board of Education and the Superintendent, of a uniform
                    dress code for the District of Columbia public schools,
                    that--
                                (i) shall include a prohibition of gang
                            membership symbols;
                                (ii) shall take into account the relative
                            costs of any such code for each student; and
                                (iii) may include a requirement that
                            students wear uniforms.
                        (L) The establishment of classes, beginning not
                    later than grade 3, to teach students how to use
                    computers effectively.
                        (M) The development of community schools that
                    enable District of Columbia public schools to
                    collaborate with other public and nonprofit agencies
                    and organizations, local businesses, recreational,
                    cultural, and other community and human service
                    entities, for the purpose of meeting the needs and
                    expanding the opportunities available to residents of
                    the communities served by such schools.
                        (N) The establishment of programs which provide
                    counseling, mentoring (especially peer mentoring),
                    academic support, outreach, and supportive services to
                    elementary, middle, and secondary school students who
                    are at risk of dropping out of school.
                        (O) The establishment of a comprehensive remedial
                    education program to assist students who do not meet
                    basic literacy standards, or the criteria of promotion
                    gates established in section 2421.
                        (P) The establishment of leadership development
                    projects for middle school principals, which projects
                    shall increase student learning and achievement and
                    strengthen such principals as instructional school
                    leaders.
                        (Q) The implementation of a policy for performance-
                    based evaluation of principals and teachers, after
                    consultation with the Superintendent and unions
                    (including unions that represent teachers and unions
                    that represent principals).
                        (R) The implementation of policies that require
                    competitive appointments for all District of Columbia
                    public school positions.
                        (S) The implementation of policies regarding
                    alternative teacher certification requirements.
                        (T) The implementation of testing requirements for
                    teacher licensing renewal.
                        (U) A review of the District of Columbia public
                    school central office budget and staffing reductions
                    for each fiscal year compared to the level of such
                    budget and reductions at the end of fiscal year 1995.
                        (V) The implementation of the discipline policy for
                    the District of Columbia public schools in order to
                    ensure a safe, disciplined environment conducive to
                    learning.
                (2) Other information.--For each of the items described in
            subparagraphs (A) through (V) of paragraph (1), the long-term
            reform plan shall include--
                        (A) a statement of measurable, objective
                    performance goals;
                        (B) a description of the measures of performance to
                    be used in determining whether the Superintendent and
                    Board of Education have met the goals;
                        (C) dates by which the goals shall be met;
                        (D) plans for monitoring and reporting progress to
                    District of Columbia residents, the Mayor, the District
                    of Columbia Council, the Authority, the Consensus
                    Commission, and the appropriate congressional
                    committees regarding the carrying out of the long-term
                    reform plan; and
                        (E) the title of the management employee of the
                    District of Columbia public schools most directly
                    responsible for the achievement of each goal and, with
                    respect to each such employee, the title of the
                    employee's immediate supervisor or superior.
        (c) Amendments.--The Superintendent, with the approval of the Board
    of Education, shall submit any amendment to the long-term reform plan
    to the Mayor, the District of Columbia Council, the Authority, the
    Consensus Commission, and the appropriate congressional committees. Any
    amendment to the long-term reform plan shall be consistent with the
    financial plan and budget for fiscal year 1996, and each financial plan
    and budget for a subsequent fiscal year, as the case may be, for the
    District of Columbia required under section 201 of the District of
    Columbia Financial Responsibility and Management Assistance Act of
    1995.

                       Subtitle B--Public Charter Schools

    SEC. 2201. PROCESS FOR FILING CHARTER PETITIONS.

        (a) Existing Public School.--An eligible applicant seeking to
    convert a District of Columbia public school into a public charter
    school--
                (1) shall prepare a petition to establish a public charter
            school that meets the requirements of section 2202;
                (2) shall provide a copy of the petition to--
                        (A) the parents of minor students attending the
                    existing school;
                        (B) adult students attending the existing school;
                    and
                        (C) employees of the existing school; and
                (3) shall file the petition with an eligible chartering
            authority for approval after the petition--
                        (A) is signed by two-thirds of the sum of--
                                (i) the total number of parents of minor
                            students attending the school; and
                                (ii) the total number of adult students
                            attending the school; and
                        (B) is endorsed by at least two-thirds of full-time
                    teachers employed in the school.
        (b) Private or Independent School.--An eligible applicant seeking
    to convert an existing private or independent school in the District of
    Columbia into a public charter school--
                (1) shall prepare a petition to establish a public charter
            school that is approved by the Board of Trustees or authority
            responsible for the school and that meets the requirements of
            section 2202;
                (2) shall provide a copy of the petition to--
                        (A) the parents of minor students attending the
                    existing school;
                        (B) adult students attending the existing school;
                    and
                        (C) employees of the existing school; and
                (3) shall file the petition with an eligible chartering
            authority for approval after the petition--
                        (A) is signed by two-thirds of the sum of--
                                (i) the total number of parents of minor
                            students attending the school; and
                                (ii) the total number of adult students
                            attending the school; and
                        (B) is endorsed by at least two-thirds of full-time
                    teachers employed in the school.
        (c) New School.--An eligible applicant seeking to establish in the
    District of Columbia a public charter school, but not seeking to
    convert a District of Columbia public school or a private or
    independent school into a public charter school, shall file with an
    eligible chartering authority for approval a petition to establish a
    public charter school that meets the requirements of section 2202.

    SEC. 2202. CONTENTS OF PETITION.

        A petition under section 2201 to establish a public charter school
    shall include the following:
                (1) A statement defining the mission and goals of the
            proposed school and the manner in which the school will meet
            the content standards, and conduct the districtwide
            assessments, described in section 2411(b).
                (2) A statement of the need for the proposed school in the
            geographic area of the school site.
                (3) A description of the proposed instructional goals and
            methods for the proposed school, which shall include, at a
            minimum--
                        (A) the area of focus of the proposed school, such
                    as mathematics, science, or the arts, if the school
                    will have such a focus;
                        (B) the methods that will be used, including
                    classroom technology, to provide students with the
                    knowledge, proficiency, and skills needed--
                                (i) to become nationally and
                            internationally competitive students and
                            educated individuals in the 21st century; and
                                (ii) to perform competitively on any
                            districtwide assessments; and
                        (C) the methods that will be used to improve
                    student self-motivation, classroom instruction, and
                    learning for all students.
                (4) A description of the scope and size of the proposed
            school's program that will enable students to successfully
            achieve the goals established by the school, including the
            grade levels to be served by the school and the projected and
            maximum enrollment of each grade level.
                (5) A description of the plan for evaluating student
            academic achievement at the proposed school and the procedures
            for remedial action that will be used by the school when the
            academic achievement of a student falls below the expectations
            of the school.
                (6) An operating budget for the first 2 years of the
            proposed school that is based on anticipated enrollment and
            contains--
                        (A) a description of the method for conducting
                    annual audits of the financial, administrative, and
                    programmatic operations of the school;
                        (B) either--
                                (i) an identification of the site where the
                            school will be located, including a description
                            of any buildings on the site and any buildings
                            proposed to be constructed on the site; or
                                (ii) a timetable by which such an
                            identification will be made;
                        (C) a description of any major contracts planned,
                    with a value equal to or exceeding $10,000, for
                    equipment and services, leases, improvements, purchases
                    of real property, or insurance; and
                        (D) a timetable for commencing operations as a
                    public charter school.
                (7) A description of the proposed rules and policies for
            governance and operation of the proposed school.
                (8) Copies of the proposed articles of incorporation and
            bylaws of the proposed school.
                (9) The names and addresses of the members of the proposed
            Board of Trustees and the procedures for selecting trustees.
                (10) A description of the student enrollment, admission,
            suspension, expulsion, and other disciplinary policies and
            procedures of the proposed school, and the criteria for making
            decisions in such areas.
                (11) A description of the procedures the proposed school
            plans to follow to ensure the health and safety of students,
            employees, and guests of the school and to comply with
            applicable health and safety laws, and all applicable civil
            rights statutes and regulations of the Federal Government and
            the District of Columbia.
                (12) An explanation of the qualifications that will be
            required of employees of the proposed school.
                (13) An identification, and a description, of the
            individuals and entities submitting the petition, including
            their names and addresses, and the names of the organizations
            or corporations of which such individuals are directors or
            officers.
                (14) A description of how parents, teachers, and other
            members of the community have been involved in the design and
            will continue to be involved in the implementation of the
            proposed school.
                (15) A description of how parents and teachers will be
            provided an orientation and other training to ensure their
            effective participation in the operation of the public charter
            school.
                (16) An assurance the proposed school will seek, obtain,
            and maintain accreditation from at least one of the following:
                        (A) The Middle States Association of Colleges and
                    Schools.
                        (B) The Association of Independent Maryland
                    Schools.
                        (C) The Southern Association of Colleges and
                    Schools.
                        (D) The Virginia Association of Independent
                    Schools.
                        (E) American Montessori Internationale.
                        (F) The American Montessori Society.
                        (G) The National Academy of Early Childhood
                    Programs.
                        (H) Any other accrediting body deemed appropriate
                    by the eligible chartering authority that granted the
                    charter to the school.
                (17) In the case that the proposed school's educational
            program includes preschool or prekindergarten, an assurance the
            proposed school will be licensed as a child development center
            by the District of Columbia Government not later than the first
            date on which such program commences.
                (18) An explanation of the relationship that will exist
            between the public charter school and the school's employees.
                (19) A statement of whether the proposed school elects to
            be treated as a local educational agency or a District of
            Columbia public school for purposes of part B of the
            Individuals With Disabilities Education Act (20 U.S.C. 1411 et
            seq.) and section 504 of the Rehabilitation Act of 1973 (20
            U.S.C. 794), and notwithstanding any other provision of law the
            eligible chartering authority shall not have the authority to
            approve or disapprove such election.

    SEC. 2203. PROCESS FOR APPROVING OR DENYING PUBLIC CHARTER SCHOOL
                  PETITIONS.

        (a) Schedule.--An eligible chartering authority shall establish a
    schedule for receiving petitions to establish a public charter school
    and shall publish any such schedule in the District of Columbia
    Register and newspapers of general circulation.
        (b) Public Hearing.--Not later than 45 days after a petition to
    establish a public charter school is filed with an eligible chartering
    authority, the eligible chartering authority shall hold a public
    hearing on the petition to gather the information that is necessary for
    the eligible chartering authority to make the decision to approve or
    deny the petition.
        (c) Notice.--Not later than 10 days prior to the scheduled date of
    a public hearing on a petition to establish a public charter school, an
    eligible chartering authority--
                (1) shall publish a notice of the hearing in the District
            of Columbia Register and newspapers of general circulation; and
                (2) shall send a written notification of the hearing date
            to the eligible applicant who filed the petition.
        (d) Approval.--Subject to subsection (i), an eligible chartering
    authority may approve a petition to establish a public charter school,
    if--
                (1) the eligible chartering authority determines that the
            petition satisfies the requirements of this subtitle;
                (2) the eligible applicant who filed the petition agrees to
            satisfy any condition or requirement, consistent with this
            subtitle and other applicable law, that is set forth in writing
            by the eligible chartering authority as an amendment to the
            petition; and
                (3) the eligible chartering authority determines that the
            public charter school has the ability to meet the educational
            objectives outlined in the petition.
        (e) Timetable.--An eligible chartering authority shall approve or
    deny a petition to establish a public charter school not later than 45
    days after the conclusion of the public hearing on the petition.
        (f) Extension.--An eligible chartering authority and an eligible
    applicant may agree to extend the 45-day time period referred to in
    subsection (e) by a period that shall not exceed 30 days.
        (g) Denial Explanation.--If an eligible chartering authority denies
    a petition or finds the petition to be incomplete, the eligible
    chartering authority shall specify in writing the reasons for its
    decision and indicate, when the eligible chartering authority
    determines appropriate, how the eligible applicant who filed the
    petition may revise the petition to satisfy the requirements for
    approval.
        (h) Approved Petition.--
                (1) Notice.--Not later than 10 days after an eligible
            chartering authority approves a petition to establish a public
            charter school, the eligible chartering authority shall provide
            a written notice of the approval, including a copy of the
            approved petition and any conditions or requirements agreed to
            under subsection (d)(2), to the eligible applicant and to the
            Chief Financial Officer of the District of Columbia. The
            eligible chartering authority shall publish a notice of the
            approval of the petition in the District of Columbia Register
            and newspapers of general circulation.
                (2) Charter.--The provisions described in paragraphs (1),
            (7), (8), (11), (16), (17), and (18) of section 2202 of a
            petition to establish a public charter school that are approved
            by an eligible chartering authority, together with any
            amendments to the petition containing conditions or
            requirements agreed to by the eligible applicant under
            subsection (d)(2), shall be considered a charter granted to the
            school by the eligible chartering authority.
        (i) Number of Petitions.--
                (1) First year.--For academic year 1996-1997, not more than
            10 petitions to establish public charter schools may be
            approved under this subtitle.
                (2) Subsequent years.--For academic year 1997-1998 and each
            academic year thereafter each eligible chartering authority
            shall not approve more than 5 petitions to establish a public
            charter school under this subtitle.
        (j) Exclusive Authority of the Eligible Chartering Authority.--No
    governmental entity, elected official, or employee of the District of
    Columbia shall make, participate in making, or intervene in the making
    of, the decision to approve or deny a petition to establish a public
    charter school, except for officers or employees of the eligible
    chartering authority with which the petition is filed.

    SEC. 2204. DUTIES, POWERS, AND OTHER REQUIREMENTS, OF PUBLIC CHARTER
                  SCHOOLS.

        (a) Duties.--A public charter school shall comply with all of the
    terms and provisions of its charter.
        (b) Powers.--A public charter school shall have the following
    powers:
                (1) To adopt a name and corporate seal, but only if the
            name selected includes the words ``public charter school''.
                (2) To acquire real property for use as the public charter
            school's facilities, from public or private sources.
                (3) To receive and disburse funds for public charter school
            purposes.
                (4) Subject to subsection (c)(1), to secure appropriate
            insurance and to make contracts and leases, including
            agreements to procure or purchase services, equipment, and
            supplies.
                (5) To incur debt in reasonable anticipation of the receipt
            of funds from the general fund of the District of Columbia or
            the receipt of Federal or private funds.
                (6) To solicit and accept any grants or gifts for public
            charter school purposes, if the public charter school--
                        (A) does not accept any grants or gifts subject to
                    any condition contrary to law or contrary to its
                    charter; and
                        (B) maintains for financial reporting purposes
                    separate accounts for grants or gifts.
                (7) To be responsible for the public charter school's
            operation, including preparation of a budget and personnel
            matters.
                (8) To sue and be sued in the public charter school's own
            name.
        (c) Prohibitions and Other Requirements.--
                (1) Contracting authority.--
                        (A) Notice requirement.--Except in the case of an
                    emergency (as determined by the eligible chartering
                    authority of a public charter school), with respect to
                    any contract proposed to be awarded by the public
                    charter school and having a value equal to or exceeding
                    $10,000, the school shall publish a notice of a request
                    for proposals in the District of Columbia Register and
                    newspapers of general circulation not less than 30 days
                    prior to the award of the contract.
                        (B) Submission to the authority.--
                                (i) Deadline for submission.--With respect
                            to any contract described in subparagraph (A)
                            that is awarded by a public charter school, the
                            school shall submit to the Authority, not later
                            than 3 days after the date on which the award
                            is made, all bids for the contract received by
                            the school, the name of the contractor who is
                            awarded the contract, and the rationale for the
                            award of the contract.
                                (ii) Effective date of contract.--
                                        (I) In general.--Subject to
                                    subclause (II), a contract described in
                                    subparagraph (A) shall become effective
                                    on the date that is 15 days after the
                                    date the school makes the submission
                                    under clause (i) with respect to the
                                    contract, or the effective date
                                    specified in the contract, whichever is
                                    later.
                                        (II) Exception.--A contract
                                    described in subparagraph (A) shall be
                                    considered null and void if the
                                    Authority determines, within 12 days of
                                    the date the school makes the
                                    submission under clause (i) with
                                    respect to the contract, that the
                                    contract endangers the economic
                                    viability of the public charter school.
                (2) Tuition.--A public charter school may not charge
            tuition, fees, or other mandatory payments, except to
            nonresident students, or for field trips or similar activities.
                (3) Control.--A public charter school--
                        (A) shall exercise exclusive control over its
                    expenditures, administration, personnel, and
                    instructional methods, within the limitations imposed
                    in this subtitle; and
                        (B) shall be exempt from District of Columbia
                    statutes, policies, rules, and regulations established
                    for the District of Columbia public schools by the
                    Superintendent, Board of Education, Mayor, District of
                    Columbia Council, or Authority, except as otherwise
                    provided in the school's charter or this subtitle.
                (4) Health and safety.--A public charter school shall
            maintain the health and safety of all students attending such
            school.
                (5) Civil rights and idea.--The Age Discrimination Act of
            1975 (42 U.S.C. 6101 et seq.), title VI of the Civil Rights Act
            of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education
            Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the
            Rehabilitation Act of 1973 (29 U.S.C. 794), part B of the
            Individuals with Disabilities Education Act (20 U.S.C. 1411 et
            seq.), and the Americans with Disabilities Act of 1990 (42
            U.S.C. 12101 et seq.), shall apply to a public charter school.
                (6) Governance.--A public charter school shall be governed
            by a Board of Trustees in a manner consistent with the charter
            granted to the school and the provisions of this subtitle.
                (7) Other staff.--No employee of the District of Columbia
            public schools may be required to accept employment with, or be
            assigned to, a public charter school.
                (8) Other students.--No student enrolled in a District of
            Columbia public school may be required to attend a public
            charter school.
                (9) Taxes or bonds.--A public charter school shall not levy
            taxes or issue bonds.
                (10) Charter revision.--A public charter school seeking to
            revise its charter shall prepare a petition for approval of the
            revision and file the petition with the eligible chartering
            authority that granted the charter. The provisions of section
            2203 shall apply to such a petition in the same manner as such
            provisions apply to a petition to establish a public charter
            school.
                (11) Annual report.--
                        (A) In general.--A public charter school shall
                    submit an annual report to the eligible chartering
                    authority that approved its charter and to the
                    Consensus Commission. The school shall permit a member
                    of the public to review any such report upon request.
                        (B) Contents.--A report submitted under
                    subparagraph (A) shall include the following data:
                                (i) A report on the extent to which the
                            school is meeting its mission and goals as
                            stated in the petition for the charter school.
                                (ii) Student performance on any
                            districtwide assessments.
                                (iii) Grade advancement for students
                            enrolled in the public charter school.
                                (iv) Graduation rates, college admission
                            test scores, and college admission rates, if
                            applicable.
                                (v) Types and amounts of parental
                            involvement.
                                (vi) Official student enrollment.
                                (vii) Average daily attendance.
                                (viii) Average daily membership.
                                (ix) A financial statement audited by an
                            independent certified public accountant in
                            accordance with Government auditing standards
                            for financial audits issued by the Comptroller
                            General of the United States.
                                (x) A report on school staff indicating the
                            qualifications and responsibilities of such
                            staff.
                                (xi) A list of all donors and grantors that
                            have contributed monetary or in-kind donations
                            having a value equal to or exceeding $500
                            during the year that is the subject of the
                            report.
                        (C) Nonidentifying data.--Data described in clauses
                    (i) through (ix) of subparagraph (B) that are included
                    in an annual report shall not identify the individuals
                    to whom the data pertain.
                (12) Census.--A public charter school shall provide to the
            Board of Education student enrollment data necessary for the
            Board of Education to comply with section 3 of article II of
            the Act of February 4, 1925 (D.C. Code, sec. 31-404) (relating
            to census of minors).
                (13) Complaint resolution process.--A public charter school
            shall establish an informal complaint resolution process.
                (14) Program of education.--A public charter school shall
            provide a program of education which shall include one or more
            of the following:
                        (A) Preschool.
                        (B) Prekindergarten.
                        (C) Any grade or grades from kindergarten through
                    grade 12.
                        (D) Residential education.
                        (E) Adult, community, continuing, and vocational
                    education programs.
                (15) Nonsectarian nature of schools.--A public charter
            school shall be nonsectarian and shall not be affiliated with a
            sectarian school or religious institution.
                (16) Nonprofit status of school.--A public charter school
            shall be organized under the District of Columbia Nonprofit
            Corporation Act (D.C. Code, sec. 29-501 et seq.).
                (17) Immunity from civil liability.--
                        (A) In general.--A public charter school, and its
                    incorporators, Board of Trustees, officers, employees,
                    and volunteers, shall be immune from civil liability,
                    both personally and professionally, for any act or
                    omission within the scope of their official duties
                    unless the act or omission--
                                (i) constitutes gross negligence;
                                (ii) constitutes an intentional tort; or
                                (iii) is criminal in nature.
                        (B) Common law immunity preserved.--Subparagraph
                    (A) shall not be construed to abrogate any immunity
                    under common law of a person described in such
                    subparagraph.

    SEC. 2205. BOARD OF TRUSTEES OF A PUBLIC CHARTER SCHOOL.

        (a) Board of Trustees.--The members of a Board of Trustees of a
    public charter school shall be elected or selected pursuant to the
    charter granted to the school. Such Board of Trustees shall have an odd
    number of members that does not exceed 7, of which--
                (1) a majority shall be residents of the District of
            Columbia; and
                (2) at least 2 shall be parents of a student attending the
            school.
        (b) Eligibility.--An individual is eligible for election or
    selection to the Board of Trustees of a public charter school if the
    person--
                (1) is a teacher or staff member who is employed at the
            school;
                (2) is a parent of a student attending the school; or
                (3) meets the election or selection criteria set forth in
            the charter granted to the school.
        (c) Election or Selection of Parents.--In the case of the first
    Board of Trustees of a public charter school to be elected or selected
    after the date on which the school is granted a charter, the election
    or selection of the members under subsection (a)(2) shall occur on the
    earliest practicable date after classes at the school have commenced.
    Until such date, any other members who have been elected or selected
    shall serve as an interim Board of Trustees. Such an interim Board of
    Trustees may exercise all of the powers, and shall be subject to all of
    the duties, of a Board of Trustees.
        (d) Fiduciaries.--The Board of Trustees of a public charter school
    shall be fiduciaries of the school and shall set overall policy for the
    school. The Board of Trustees may make final decisions on matters
    related to the operation of the school, consistent with the charter
    granted to the school, this subtitle, and other applicable law.

    SEC. 2206. STUDENT ADMISSION, ENROLLMENT, AND WITHDRAWAL.

        (a) Open Enrollment.--Enrollment in a public charter school shall
    be open to all students who are residents of the District of Columbia
    and, if space is available, to nonresident students who meet the
    tuition requirement in subsection (e).
        (b) Criteria for Admission.--A public charter school may not limit
    enrollment on the basis of a student's race, color, religion, national
    origin, language spoken, intellectual or athletic ability, measures of
    achievement or aptitude, or status as a student with special needs. A
    public charter school may limit enrollment to specific grade levels.
        (c) Random Selection.--If there are more applications to enroll in
    a public charter school from students who are residents of the District
    of Columbia than there are spaces available, students shall be admitted
    using a random selection process.
        (d) Admission to an Existing School.--During the 5-year period
    beginning on the date that a petition, filed by an eligible applicant
    seeking to convert a District of Columbia public school or a private or
    independent school into a public charter school, is approved, the
    school may give priority in enrollment to--
                (1) students enrolled in the school at the time the
            petition is granted;
                (2) the siblings of students described in paragraph (1);
            and
                (3) in the case of the conversion of a District of Columbia
            public school, students who reside within the attendance
            boundaries, if any, in which the school is located.
        (e) Nonresident Students.--Nonresident students shall pay tuition
    to attend a public charter school at the applicable rate established
    for District of Columbia public schools administered by the Board of
    Education for the type of program in which the student is enrolled.
        (f) Student Withdrawal.--A student may withdraw from a public
    charter school at any time and, if otherwise eligible, enroll in a
    District of Columbia public school administered by the Board of
    Education.
        (g) Expulsion and Suspension.--The principal of a public charter
    school may expel or suspend a student from the school based on criteria
    set forth in the charter granted to the school.

    SEC. 2207. EMPLOYEES.

        (a) Extended Leave of Absence Without Pay.--
                (1) Leave of absence from district of columbia public
            schools.--The Superintendent shall grant, upon request, an
            extended leave of absence, without pay, to an employee of the
            District of Columbia public schools for the purpose of
            permitting the employee to accept a position at a public
            charter school for a 2-year term.
                (2) Request for extension.--At the end of a 2-year term
            referred to in paragraph (1), an employee granted an extended
            leave of absence without pay under such paragraph may submit a
            request to the Superintendent for an extension of the leave of
            absence for an unlimited number of 2-year terms. The
            Superintendent may not unreasonably (as determined by the
            eligible chartering authority) withhold approval of the
            request.
                (3) Rights upon termination of leave.--An employee granted
            an extended leave of absence without pay for the purpose
            described in paragraph (1) or (2) shall have the same rights
            and benefits under law upon termination of such leave of
            absence as an employee of the District of Columbia public
            schools who is granted an extended leave of absence without pay
            for any other purpose.
        (b) Retirement System.--
                (1) Creditable service.--An employee of a public charter
            school who has received a leave of absence under subsection (a)
            shall receive creditable service, as defined in section 2604 of
            D.C. Law 2-139, effective March 3, 1979 (D.C. Code, sec. 1-
            627.4) and the rules established under such section, for the
            period of the employee's employment at the public charter
            school.
                (2) Authority to establish separate system.--A public
            charter school may establish a retirement system for employees
            under its authority.
                (3) Election of retirement system.--A former employee of
            the District of Columbia public schools who becomes an employee
            of a public charter school within 60 days after the date the
            employee's employment with the District of Columbia public
            schools is terminated may, at the time the employee commences
            employment with the public charter school, elect--
                        (A) to remain in a District of Columbia Government
                    retirement system and continue to receive creditable
                    service for the period of their employment at a public
                    charter school; or
                        (B) to transfer into a retirement system
                    established by the public charter school pursuant to
                    paragraph (2).
                (4) Prohibited employment conditions.--No public charter
            school may require a former employee of the District of
            Columbia public schools to transfer to the public charter
            school's retirement system as a condition of employment.
                (5) Contributions.--
                        (A) Employees electing not to transfer.--In the
                    case of a former employee of the District of Columbia
                    public schools who elects to remain in a District of
                    Columbia Government retirement system pursuant to
                    paragraph (3)(A), the public charter school that
                    employs the person shall make the same contribution to
                    such system on behalf of the person as the District of
                    Columbia would have been required to make if the person
                    had continued to be an employee of the District of
                    Columbia public schools.
                        (B) Employees electing to transfer.--In the case of
                    a former employee of the District of Columbia public
                    schools who elects to transfer into a retirement system
                    of a public charter school pursuant to paragraph
                    (3)(B), the applicable District of Columbia Government
                    retirement system from which the former employee is
                    transferring shall compute the employee's contribution
                    to that system and transfer this amount, to the
                    retirement system of the public charter school.
        (c) Employment Status.--Notwithstanding any other provision of law
    and except as provided in this section, an employee of a public charter
    school shall not be considered to be an employee of the District of
    Columbia Government for any purpose.

    SEC. 2208. REDUCED FARES FOR PUBLIC TRANSPORTATION.

        A student attending a public charter school shall be eligible for
    reduced fares on the Metrobus and Metrorail Transit System on the same
    terms and conditions as are applicable under section 2 of D.C. Law 2-
    152, effective March 9, 1979 (D.C. Code, sec. 44-216 et seq.), to a
    student attending a District of Columbia public school.

    SEC. 2209. DISTRICT OF COLUMBIA PUBLIC SCHOOL SERVICES TO PUBLIC
                  CHARTER SCHOOLS.

        The Superintendent may provide services, such as facilities
    maintenance, to public charter schools. All compensation for costs of
    such services shall be subject to negotiation and mutual agreement
    between a public charter school and the Superintendent.

    SEC. 2210. APPLICATION OF LAW.

        (a) Elementary and Secondary Education Act of 1965.--
                (1) Treatment as local educational agency.--
                        (A) In general.--For any fiscal year, a public
                    charter school shall be considered to be a local
                    educational agency for purposes of part A of title I of
                    the Elementary and Secondary Education Act of 1965 (20
                    U.S.C. 6311 et seq.), and shall be eligible for
                    assistance under such part, if the fraction the
                    numerator of which is the number of low-income students
                    enrolled in the public charter school during the fiscal
                    year preceding the fiscal year for which the
                    determination is made and the denominator of which is
                    the total number of students enrolled in such public
                    charter school for such preceding year, is equal to or
                    greater than the lowest fraction determined for any
                    District of Columbia public school receiving assistance
                    under such part A where the numerator is the number of
                    low-income students enrolled in such public school for
                    such preceding year and the denominator is the total
                    number of students enrolled in such public school for
                    such preceding year.
                        (B) Definition.--For the purposes of this
                    subsection, the term ``low-income student'' means a
                    student from a low-income family determined according
                    to the measure adopted by the District of Columbia to
                    carry out the provisions of part A of title I of the
                    Elementary and Secondary Education Act of 1965 that is
                    consistent with the measures described in section
                    1113(a)(5) of such Act (20 U.S.C. 6313(a)(5)) for the
                    fiscal year for which the determination is made.
                (2) Allocation for fiscal years 1996 through 1998.--
                        (A) Public charter schools.--For fiscal years 1996
                    through 1998, each public charter school that is
                    eligible to receive assistance under part A of title I
                    of the Elementary and Secondary Education Act of 1965
                    shall receive a portion of the District of Columbia's
                    total allocation under such part which bears the same
                    ratio to such total allocation as the number described
                    in subparagraph (C) bears to the number described in
                    subparagraph (D).
                        (B) District of columbia public schools.--For
                    fiscal years 1996 through 1998, the District of
                    Columbia public schools shall receive a portion of the
                    District of Columbia's total allocation under part A of
                    title I of the Elementary and Secondary Education Act
                    of 1965 which bears the same ratio to such total
                    allocation as the total of the numbers described in
                    clauses (ii) and (iii) of subparagraph (D) bears to the
                    aggregate total described in subparagraph (D).
                        (C) Number of eligible students enrolled in the
                    public charter school.--The number described in this
                    subparagraph is the number of low-income students
                    enrolled in the public charter school during the fiscal
                    year preceding the fiscal year for which the
                    determination is made.
                        (D) Aggregate number of eligible students.--The
                    number described in this subparagraph is the aggregate
                    total of the following numbers:
                                (i) The number of low-income students who,
                            during the fiscal year preceding the fiscal
                            year for which the determination is made, were
                            enrolled in a public charter school.
                                (ii) The number of low-income students who,
                            during the fiscal year preceding the fiscal
                            year for which the determination is made, were
                            enrolled in a District of Columbia public
                            school selected to provide services under part
                            A of title I of the Elementary and Secondary
                            Education Act of 1965.
                                (iii) The number of low-income students
                            who, during the fiscal year preceding the
                            fiscal year for which the determination is
                            made--
                                        (I) were enrolled in a private or
                                    independent school; and
                                        (II) resided in an attendance area
                                    of a District of Columbia public school
                                    selected to provide services under part
                                    A of title I of the Elementary and
                                    Secondary Education Act of 1965.
                (3) Allocation for fiscal year 1999 and thereafter.--
                        (A) Calculation by secretary.--Notwithstanding
                    sections 1124(a)(2), 1124A(a)(4), and 1125(d) of the
                    Elementary and Secondary Education Act of 1965 (20
                    U.S.C. 6333(a)(2), 6334(a)(4), and 6335(d)), for fiscal
                    year 1999 and each fiscal year thereafter, the total
                    allocation under part A of title I of such Act for all
                    local educational agencies in the District of Columbia,
                    including public charter schools that are eligible to
                    receive assistance under such part, shall be calculated
                    by the Secretary of Education. In making such
                    calculation, such Secretary shall treat all such local
                    educational agencies as if such agencies were a single
                    local educational agency for the District of Columbia.
                        (B) Allocation.--
                                (i) Public charter schools.--For fiscal
                            year 1999 and each fiscal year thereafter, each
                            public charter school that is eligible to
                            receive assistance under part A of title I of
                            the Elementary and Secondary Education Act of
                            1965 shall receive a portion of the total
                            allocation calculated under subparagraph (A)
                            which bears the same ratio to such total
                            allocation as the number described in paragraph
                            (2)(C) bears to the aggregate total described
                            in paragraph (2)(D).
                                (ii) District of columbia public school.--
                            For fiscal year 1999 and each fiscal year
                            thereafter, the District of Columbia public
                            schools shall receive a portion of the total
                            allocation calculated under subparagraph (A)
                            which bears the same ratio to such total
                            allocation as the total of the numbers
                            described in clauses (ii) and (iii) of
                            paragraph (2)(D) bears to the aggregate total
                            described in paragraph (2)(D).
                (4) Use of esea funds.--The Board of Education may not
            direct a public charter school in the school's use of funds
            under part A of title I of the Elementary and Secondary
            Education Act of 1965.
                (5) ESEA requirements.--Except as provided in paragraph
            (6), a public charter school receiving funds under part A of
            title I of the Elementary and Secondary Education Act of 1965
            (20 U.S.C. 6301 et seq.) shall comply with all requirements
            applicable to schools receiving such funds.
                (6) Inapplicability of certain esea provisions.--The
            following provisions of the Elementary and Secondary Education
            Act of 1965 shall not apply to a public charter school:
                        (A) Paragraphs (5) and (8) of section 1112(b) (20
                    U.S.C. 6312(b)).
                        (B) Paragraphs (1)(A), (1)(B), (1)(C), (1)(D),
                    (1)(F), (1)(H), and (3) of section 1112(c) (20 U.S.C.
                    6312(c)).
                        (C) Section 1113 (20 U.S.C. 6313).
                        (D) Section 1115A (20 U.S.C. 6316).
                        (E) Subsections (a), (b), and (c) of section 1116
                    (20 U.S.C. 6317).
                        (F) Subsections (d) and (e) of section 1118 (20
                    U.S.C. 6319).
                        (G) Section 1120 (20 U.S.C. 6321).
                        (H) Subsections (a) and (c) of section 1120A (20
                    U.S.C. 6322).
                        (I) Section 1126 (20 U.S.C. 6337).
        (b) Property and Sales Taxes.--A public charter school shall be
    exempt from District of Columbia property and sales taxes.
        (c) Education of Children With Disabilities.--Notwithstanding any
    other provision of this title, each public charter school shall elect
    to be treated as a local educational agency or a District of Columbia
    public school for the purpose of part B of the Individuals with
    Disabilities Education Act (20 U.S.C. 1411 et seq.) and section 504 of
    the Rehabilitation Act of 1973 (29 U.S.C. 794).

    SEC. 2211. POWERS AND DUTIES OF ELIGIBLE CHARTERING AUTHORITIES.

        (a) Oversight.--
                (1) In general.--An eligible chartering authority--
                        (A) shall monitor the operations of each public
                    charter school to which the eligible chartering
                    authority has granted a charter;
                        (B) shall ensure that each such school complies
                    with applicable laws and the provisions of the charter
                    granted to such school; and
                        (C) shall monitor the progress of each such school
                    in meeting student academic achievement expectations
                    specified in the charter granted to such school.
                (2) Production of books and records.--An eligible
            chartering authority may require a public charter school to
            which the eligible chartering authority has granted a charter
            to produce any book, record, paper, or document, if the
            eligible chartering authority determines that such production
            is necessary for the eligible chartering authority to carry out
            its functions under this subtitle.
        (b) Fees.--
                (1) Application fee.--An eligible chartering authority may
            charge an eligible applicant a fee, not to exceed $150, for
            processing a petition to establish a public charter school.
                (2) Administration fee.--In the case of an eligible
            chartering authority that has granted a charter to a public
            charter school, the eligible chartering authority may charge
            the school a fee, not to exceed one-half of one percent of the
            annual budget of the school, to cover the cost of undertaking
            the ongoing administrative responsibilities of the eligible
            chartering authority with respect to the school that are
            described in this subtitle. The school shall pay the fee to the
            eligible chartering authority not later than November 15 of
            each year.
        (c) Immunity From Civil Liability.--
                (1) In general.--An eligible chartering authority, the
            Board of Trustees of such an eligible chartering authority, and
            a director, officer, employee, or volunteer of such an eligible
            chartering authority, shall be immune from civil liability,
            both personally and professionally, for any act or omission
            within the scope of their official duties unless the act or
            omission--
                        (A) constitutes gross negligence;
                        (B) constitutes an intentional tort; or
                        (C) is criminal in nature.
                (2) Common law immunity preserved.--Paragraph (1) shall not
            be construed to abrogate any immunity under common law of a
            person described in such paragraph.
        (d) Annual Report.--On or before July 30 of each year, each
    eligible chartering authority that issues a charter under this subtitle
    shall submit a report to the Mayor, the District of Columbia Council,
    the Board of Education, the Secretary of Education, the appropriate
    congressional committees, and the Consensus Commission that includes
    the following information:
                (1) A list of the members of the eligible chartering
            authority and the addresses of such members.
                (2) A list of the dates and places of each meeting of the
            eligible chartering authority during the year preceding the
            report.
                (3) The number of petitions received by the eligible
            chartering authority for the conversion of a District of
            Columbia public school or a private or independent school to a
            public charter school, and for the creation of a new school as
            a public charter school.
                (4) The number of petitions described in paragraph (3) that
            were approved and the number that were denied, as well as a
            summary of the reasons for which such petitions were denied.
                (5) A description of any new charters issued by the
            eligible chartering authority during the year preceding the
            report.
                (6) A description of any charters renewed by the eligible
            chartering authority during the year preceding the report.
                (7) A description of any charters revoked by the eligible
            chartering authority during the year preceding the report.
                (8) A description of any charters refused renewal by the
            eligible chartering authority during the year preceding the
            report.
                (9) Any recommendations the eligible chartering authority
            has concerning ways to improve the administration of public
            charter schools.

    SEC. 2212. CHARTER RENEWAL.

        (a) Term.--A charter granted to a public charter school shall
    remain in force for a 5-year period, but may be renewed for an
    unlimited number of times, each time for a 5-year period.
        (b) Application for Charter Renewal.--In the case of a public
    charter school that desires to renew its charter, the Board of Trustees
    of the school shall file an application to renew the charter with the
    eligible chartering authority that granted the charter not later than
    120 days nor earlier than 365 days before the expiration of the
    charter. The application shall contain the following:
                (1) A report on the progress of the public charter school
            in achieving the goals, student academic achievement
            expectations, and other terms of the approved charter.
                (2) All audited financial statements for the public charter
            school for the preceding 4 years.
        (c) Approval of Charter Renewal Application.--The eligible
    chartering authority that granted a charter shall approve an
    application to renew the charter that is filed in accordance with
    subsection (b), except that the eligible chartering authority shall not
    approve such application if the eligible chartering authority
    determines that--
                (1) the school committed a material violation of applicable
            laws or a material violation of the conditions, terms,
            standards, or procedures set forth in its charter, including
            violations relating to the education of children with
            disabilities; or
                (2) the school failed to meet the goals and student
            academic achievement expectations set forth in its charter.
        (d) Procedures for Consideration of Charter Renewal.--
                (1) Notice of right to hearing.--An eligible chartering
            authority that has received an application to renew a charter
            that is filed by a Board of Trustees in accordance with
            subsection (b) shall provide to the Board of Trustees written
            notice of the right to an informal hearing on the application.
            The eligible chartering authority shall provide the notice not
            later than 15 days after the date on which the eligible
            chartering authority received the application.
                (2) Request for hearing.--Not later than 15 days after the
            date on which a Board of Trustees receives a notice under
            paragraph (1), the Board of Trustees may request, in writing,
            an informal hearing on the application before the eligible
            chartering authority.
                (3) Date and time of hearing.--
                        (A) Notice.--Upon receiving a timely written
                    request for a hearing under paragraph (2), an eligible
                    chartering authority shall set a date and time for the
                    hearing and shall provide reasonable notice of the date
                    and time, as well as the procedures to be followed at
                    the hearing, to the Board of Trustees.
                        (B) Deadline.--An informal hearing under this
                    subsection shall take place not later than 30 days
                    after an eligible chartering authority receives a
                    timely written request for the hearing under paragraph
                    (2).
                (4) Final decision.--
                        (A) Deadline.--An eligible chartering authority
                    shall render a final decision, in writing, on an
                    application to renew a charter--
                                (i) not later than 30 days after the date
                            on which the eligible chartering authority
                            provided the written notice of the right to a
                            hearing, in the case of an application with
                            respect to which such a hearing is not held;
                            and
                                (ii) not later than 30 days after the date
                            on which the hearing is concluded, in the case
                            of an application with respect to which a
                            hearing is held.
                        (B) Reasons for nonrenewal.--An eligible chartering
                    authority that denies an application to renew a charter
                    shall state in its decision the reasons for denial.
                (5) Alternatives upon nonrenewal.--If an eligible
            chartering authority denies an application to renew a charter
            granted to a public charter school, the Board of Education
            may--
                        (A) manage the school directly until alternative
                    arrangements can be made for students at the school; or
                        (B) place the school in a probationary status that
                    requires the school to take remedial actions, to be
                    determined by the Board of Education, that directly
                    relate to the grounds for the denial.
                (6) Judicial review.--
                        (A) Availability of review.--A decision by an
                    eligible chartering authority to deny an application to
                    renew a charter shall be subject to judicial review by
                    an appropriate court of the District of Columbia.
                        (B) Standard of review.--A decision by an eligible
                    chartering authority to deny an application to renew a
                    charter shall be upheld unless the decision is
                    arbitrary and capricious or clearly erroneous.

    SEC. 2213. CHARTER REVOCATION.

        (a) Charter or Law Violations.--An eligible chartering authority
    that has granted a charter to a public charter school may revoke the
    charter if the eligible chartering authority determines that the school
    has committed a violation of applicable laws or a material violation of
    the conditions, terms, standards, or procedures set forth in the
    charter, including violations relating to the education of children
    with disabilities.
        (b) Fiscal Mismanagement.--An eligible chartering authority that
    has granted a charter to a public charter school shall revoke the
    charter if the eligible chartering authority determines that the
    school--
                (1) has engaged in a pattern of nonadherence to generally
            accepted accounting principles;
                (2) has engaged in a pattern of fiscal mismanagement; or
                (3) is no longer economically viable.
        (c) Procedures for Consideration of Revocation.--
                (1) Notice of right to hearing.--An eligible chartering
            authority that is proposing to revoke a charter granted to a
            public charter school shall provide to the Board of Trustees of
            the school a written notice stating the reasons for the
            proposed revocation. The notice shall inform the Board of
            Trustees of the right of the Board of Trustees to an informal
            hearing on the proposed revocation.
                (2) Request for hearing.--Not later than 15 days after the
            date on which a Board of Trustees receives a notice under
            paragraph (1), the Board of Trustees may request, in writing,
            an informal hearing on the proposed revocation before the
            eligible chartering authority.
                (3) Date and time of hearing.--
                        (A) Notice.--Upon receiving a timely written
                    request for a hearing under paragraph (2), an eligible
                    chartering authority shall set a date and time for the
                    hearing and shall provide reasonable notice of the date
                    and time, as well as the procedures to be followed at
                    the hearing, to the Board of Trustees.
                        (B) Deadline.--An informal hearing under this
                    subsection shall take place not later than 30 days
                    after an eligible chartering authority receives a
                    timely written request for the hearing under paragraph
                    (2).
                (4) Final decision.--
                        (A) Deadline.--An eligible chartering authority
                    shall render a final decision, in writing, on the
                    revocation of a charter--
                                (i) not later than 30 days after the date
                            on which the eligible chartering authority
                            provided the written notice of the right to a
                            hearing, in the case of a proposed revocation
                            with respect to which such a hearing is not
                            held; and
                                (ii) not later than 30 days after the date
                            on which the hearing is concluded, in the case
                            of a proposed revocation with respect to which
                            a hearing is held.
                        (B) Reasons for revocation.--An eligible chartering
                    authority that revokes a charter shall state in its
                    decision the reasons for the revocation.
                (5) Alternatives upon revocation.--If an eligible
            chartering authority revokes a charter granted to a public
            charter school, the Board of Education may manage the school
            directly until alternative arrangements can be made for
            students at the school.
                (6) Judicial review.--
                        (A) Availability of review.--A decision by an
                    eligible chartering authority to revoke a charter shall
                    be subject to judicial review by an appropriate court
                    of the District of Columbia.
                        (B) Standard of review.--A decision by an eligible
                    chartering authority to revoke a charter shall be
                    upheld unless the decision is arbitrary and capricious
                    or clearly erroneous.

    SEC. 2214. PUBLIC CHARTER SCHOOL BOARD.

        (a) Establishment.--
                (1) In general.--There is established within the District
            of Columbia Government a Public Charter School Board (in this
            section referred to as the ``Board'').
                (2) Membership.--The Secretary of Education shall present
            the Mayor a list of 15 individuals the Secretary determines are
            qualified to serve on the Board. The Mayor, in consultation
            with the District of Columbia City Council, shall appoint 7
            individuals from the list to serve on the Board. The Secretary
            of Education shall recommend, and the Mayor shall appoint,
            members to serve on the Board so that a knowledge of each of
            the following areas is represented on the Board:
                        (A) Research about and experience in student
                    learning, quality teaching, and evaluation of and
                    accountability in successful schools.
                        (B) The operation of a financially sound
                    enterprise, including leadership and management
                    techniques, as well as the budgeting and accounting
                    skills critical to the startup of a successful
                    enterprise.
                        (C) The educational, social, and economic
                    development needs of the District of Columbia.
                        (D) The needs and interests of students and parents
                    in the District of Columbia, as well as methods of
                    involving parents and other members of the community in
                    individual schools.
                (3) Vacancies.--Any time there is a vacancy in the
            membership of the Board, the Secretary of Education shall
            present the Mayor a list of 3 individuals the Secretary
            determines are qualified to serve on the Board. The Mayor, in
            consultation with the District of Columbia Council, shall
            appoint 1 individual from the list to serve on the Board. The
            Secretary shall recommend and the Mayor shall appoint, such
            member of the Board taking into consideration the criteria
            described in paragraph (2). Any member appointed to fill a
            vacancy occurring prior to the expiration of the term of a
            predecessor shall be appointed only for the remainder of the
            term.
                (4) Time limit for appointments.--If, at any time, the
            Mayor does not appoint members to the Board sufficient to bring
            the Board's membership to 7 within 30 days of receiving a
            recommendation from the Secretary of Education under paragraph
            (2) or (3), the Secretary shall make such appointments as are
            necessary to bring the membership of the Board to 7.
                (5) Terms of members.--
                        (A) In general.--Members of the Board shall serve
                    for terms of 4 years, except that, of the initial
                    appointments made under paragraph (2), the Mayor shall
                    designate--
                                (i) 2 members to serve terms of 3 years;
                                (ii) 2 members to serve terms of 2 years;
                            and
                                (iii) 1 member to serve a term of 1 year.
                        (B) Reappointment.--Members of the Board shall be
                    eligible to be reappointed for one 4-year term beyond
                    their initial term of appointment.
                (6) Independence.--No person employed by the District of
            Columbia public schools or a public charter school shall be
            eligible to be a member of the Board or to be employed by the
            Board.
        (b) Operations of the Board.--
                (1) Chair.--The members of the Board shall elect from among
            their membership 1 individual to serve as Chair. Such election
            shall be held each year after members of the Board have been
            appointed to fill any vacancies caused by the regular
            expiration of previous members' terms, or when requested by a
            majority vote of the members of the Board.
                (2) Quorum.--A majority of the members of the Board, not
            including any positions that may be vacant, shall constitute a
            quorum sufficient for conducting the business of the Board.
                (3) Meetings.--The Board shall meet at the call of the
            Chair, subject to the hearing requirements of sections 2203,
            2212(d)(3), and 2213(c)(3).
        (c) No Compensation for Service.--Members of the Board shall serve
    without pay, but may receive reimbursement for any reasonable and
    necessary expenses incurred by reason of service on the Board.
        (d) Personnel and Resources.--
                (1) In general.--Subject to such rules as may be made by
            the Board, the Chair shall have the power to appoint,
            terminate, and fix the pay of an Executive Director and such
            other personnel of the Board as the Chair considers necessary,
            but no individual so appointed shall be paid in excess of the
            rate payable for level EG-16 of the Educational Service of the
            District of Columbia.
                (2) Special rule.--The Board is authorized to use the
            services, personnel, and facilities of the District of
            Columbia.
        (e) Expenses of Board.--Any expenses of the Board shall be paid
    from such funds as may be available to the Mayor.
        (f) Audit.--The Board shall provide for an audit of the financial
    statements of the Board by an independent certified public accountant
    in accordance with Government auditing standards for financial audits
    issued by the Comptroller General of the United States.
        (g) Authorization of Appropriations.--For the purpose of carrying
    out the provisions of this section and conducting the Board's functions
    required by this subtitle, there are authorized to be appropriated
    $300,000 for fiscal year 1996 and such sums as may be necessary for
    each of the 4 succeeding fiscal years.

    SEC. 2215. FEDERAL ENTITIES.

        (a) In General.--The following Federal agencies and federally
    established entities are encouraged to explore whether it is feasible
    for the agency or entity to establish one or more public charter
    schools:
                (1) The Library of Congress.
                (2) The National Aeronautics and Space Administration.
                (3) The Drug Enforcement Administration.
                (4) The National Science Foundation.
                (5) The Department of Justice.
                (6) The Department of Defense.
                (7) The Department of Education.
                (8) The Smithsonian Institution, including the National
            Zoological Park, the National Museum of American History, the
            John F. Kennedy Center for the Performing Arts, and the
            National Gallery of Art.
        (b) Report.--Not later than 120 days after date of enactment of
    this Act, any agency or institution described in subsection (a) that
    has explored the feasibility of establishing a public charter school
    shall report its determination on the feasibility to the appropriate
    committees of the Congress.

                             Subtitle C--Even Start

    SEC. 2301. AMENDMENTS FOR EVEN START PROGRAMS.

        (a) Authorization of Appropriations.--Section 1002 of the
    Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is
    amended by striking subsection (b) and inserting the following:
        ``(b) Even Start.--
                ``(1) In general.--For the purpose of carrying out part B,
            there are authorized to be appropriated $118,000,000 for fiscal
            year 1995 and such sums as may be necessary for each of the
            four succeeding fiscal years.
                ``(2) District of columbia.--For the purpose of carrying
            out Even Start programs in the District of Columbia described
            in section 1211, there are authorized to be appropriated--
                        ``(A) $2,000,000 for fiscal year 1996;
                        ``(B) $3,500,000 for fiscal year 1997;
                        ``(C) $5,000,000 for fiscal year 1998;
                        ``(D) $5,000,000 for fiscal year 1999; and
                        ``(E) $5,000,000 for fiscal year 2000.''.
        (b) Even Start Family Literacy Programs.--Part B of title I of the
    Elementary and Secondary Education Act of 1965 (20 U.S.C. 6361 et seq.)
    is amended--
                (1) in section 1202(a)(1) (20 U.S.C. 6362(a)(1)), by
            inserting ``(1)'' after ``1002(b)'';
                (2) in section 1202(b) (20 U.S.C. 6362(b)), by inserting
            ``(1)'' after ``1002(b)'';
                (3) in section 1202(d)(3) (20 U.S.C. 6362(d)(3)), by
            inserting ``(1)'' after ``1002(b)'';
                (4) in section 1204(a) (20 U.S.C. 6364(a)), by inserting
            ``intensive'' after ``cost of providing'';
                (5) in section 1205(4) (20 U.S.C. 6365(4)), by inserting
            ``, intensive'' after ``high-quality''; and
                (6) by adding at the end the following new section:

    ``SEC. 1211. DISTRICT OF COLUMBIA EVEN START INITIATIVES.

        ``(a) District of Columbia Program Authorized.--
                ``(1) In general.--In addition to any grant for the
            District of Columbia authorized under section 1202, the
            Secretary shall provide grants, on a competitive basis, to
            eligible entities to enable such entities to carry out Even
            Start programs in the District of Columbia that build on the
            findings of the National Evaluation of the Even Start Family
            Literacy Program, such as providing intensive services in early
            childhood education, parent training, and adult literacy or
            adult education.
                ``(2) Number of grants.--The Secretary shall award--
                        ``(A) not more than 8 grants under this section for
                    fiscal year 1996;
                        ``(B) not more than 14 grants under this section
                    for fiscal year 1997;
                        ``(C) not more than 20 grants under this section
                    for each of the fiscal years 1998 and 1999; and
                        ``(D) not more than 20 grants under this section,
                    or such number as the Secretary determines appropriate
                    taking into account the results of evaluations
                    described in subsection (i), for fiscal year 2000.
        ``(b) Definition.--For the purpose of this section, the term
    `eligible entity' means a partnership composed of at least--
                ``(1) a District of Columbia public school;
                ``(2) the local educational agency in existence on
            September 1, 1995 for the District of Columbia, any other
            public organization, or an institution of higher education (as
            defined in section 1201(a) of the Higher Education Act of 1965
            (20 U.S.C. 1141(a))); and
                ``(3) a private nonprofit community-based organization.
        ``(c) Uses of Funds; Federal Share.--
                ``(1) Compliance.--Each eligible entity that receives funds
            under this section shall comply with section 1204(a) and
            1204(b)(3), relating to the use of such funds.
                ``(2) Federal share.--Each program funded under this
            section is subject to the Federal share requirement of section
            1204(b)(1), except that the Secretary may waive that
            requirement, in whole or in part, for any eligible entity that
            demonstrates to the Secretary's satisfaction that such entity
            otherwise would not be able to participate in the program under
            this section.
                ``(3) Minimum.--Except as provided in paragraph (4), each
            eligible entity selected to receive a grant under this section
            shall receive not more than $250,000 in any fiscal year, except
            that the Secretary may increase such amount if the Secretary
            determines that--
                        ``(A) such entity needs additional funds to be
                    effective; and
                        ``(B) the increase will not reduce the amount of
                    funds available to other eligible entities that receive
                    funds under this section.
                ``(4) Remaining funds.--If funds remain after payments are
            made under paragraph (3) for any fiscal year, the Secretary
            shall make such remaining funds available to each eligible
            entity receiving a grant under this section for such year in an
            amount that bears the same relation to such funds as the amount
            each such entity received under this section bears to the
            amount all such entities received under this section.
        ``(d) Program Elements.--Each program assisted under this section
    shall comply with the program elements described in section 1205,
    including intensive high quality instruction programs of early
    childhood education, parent training, and adult literacy or adult
    education.
        ``(e) Eligible Participants.--
                ``(1) In general.--Individuals eligible to participate in a
            program under this section are--
                        ``(A) the parent or parents of a child described in
                    subparagraph (B), or any other adult who is
                    substantially involved in the day-to-day care of the
                    child, if such parent or adult--
                                ``(i) is eligible to participate in an
                            adult education program under the Adult
                            Education Act; or
                                ``(ii) is attending, or is eligible by age
                            to attend, a District of Columbia public
                            school; and
                        ``(B) any child, from birth through age 7, of an
                    individual described in subparagraph (A).
                ``(2) Eligibility requirements.--The eligibility factors
            described in section 1206(b) shall apply to programs under this
            section, except that for purposes of this section--
                        ``(A) the reference in paragraph (1) to subsection
                    (a) shall be read to refer to paragraph (1); and
                        ``(B) references in such section to this part shall
                    be read to refer to this section.
        ``(f) Applications.--Each eligible entity that wishes to receive a
    grant under this section shall submit an application to the Secretary
    at such time, in such manner, and containing such information as the
    Secretary may require.
        ``(g) Selection of Grantees.--In awarding grants under this
    section, the Secretary shall--
                ``(1) use the selection criteria described in subparagraphs
            (A) through (F), and (H), of section 1208(a)(1); and
                ``(2) give priority to applications for programs that--
                        ``(A) target services to schools in which a
                    schoolwide program is being conducted under section
                    1114; or
                        ``(B) are located in areas designated as
                    empowerment zones or enterprise communities.
        ``(h) Duration of Programs.--The priority for subgrants described
    in section 1208(a)(2), and the progress requirement described in
    section 1208(b)(4), shall apply to grants made under this section,
    except that--
                ``(1) references in those sections to the State educational
            agency and to subgrants shall be read to refer to the Secretary
            and to grants under this section, respectively; and
                ``(2) notwithstanding section 1208(b), the Secretary shall
            not provide continuation funding to a grant recipient under
            this section if the Secretary determines, after affording the
            recipient notice and an opportunity for a hearing, that the
            recipient has not made substantial progress in accomplishing
            the objectives of this section.
        ``(i) Technical Assistance and Evaluation.--
                ``(1) Technical assistance.--(A) The Secretary shall use
            not more than 5 percent of the amounts authorized under section
            1002(b)(2) for any fiscal year--
                        ``(i) to provide technical assistance to eligible
                    entities, including providing funds to one or more
                    District of Columbia nonprofit organizations to enable
                    such organizations to provide technical assistance to
                    eligible entities in the areas of community development
                    and coalition building; and
                        ``(ii) for the evaluation conducted pursuant to
                    paragraph (2).
                ``(B) The Secretary shall allocate 5 percent of the amounts
            authorized under section 1002(b)(2) for any fiscal year to
            enter into a contract with the National Center for Family
            Literacy for the provision of technical assistance to eligible
            entities.
                ``(2) Evaluation.--(A) The Secretary shall use funds
            available under paragraph (1)(A)--
                        ``(i) to provide for independent evaluations of
                    programs under this section in order to determine the
                    effectiveness of such programs in providing high
                    quality family literacy services, including--
                                ``(I) intensive and high quality early
                            childhood education;
                                ``(II) intensive and high quality services
                            in adult literacy or adult education;
                                ``(III) intensive and high quality services
                            in parent training;
                                ``(IV) coordination with related programs;
                            and
                                ``(V) training of related personnel in
                            appropriate skill areas; and
                        ``(ii) to determine if the grant amount provided to
                    eligible recipients to carry out such projects is
                    appropriate to accomplish the objectives of this
                    section.
                ``(B)(i) Such evaluation shall be conducted by individuals
            not directly involved in the administration of a program
            operated with funds provided under this section. Such
            independent evaluators and the program administrators shall
            jointly develop evaluation criteria which provide for
            appropriate analysis of the factors listed in subparagraph (A).
                ``(ii) In order to determine a program's effectiveness,
            each evaluation shall contain objective measures of such
            effectiveness, and whenever feasible, shall contain the
            specific views of program participants about such programs.
                ``(C) The Secretary shall prepare and submit to the
            appropriate congressional committees a report regarding the
            results of such evaluations not later than March 1, 1999. The
            Secretary shall provide an interim report regarding the results
            of such evaluations by March 1, 1998.''.

     Subtitle D--World Class Schools Task Force, Core Curriculum, Content
                  Standards, Assessments, and Promotion Gates

       PART 1--WORLD CLASS SCHOOLS TASK FORCE, CORE CURRICULUM, CONTENT
                           STANDARDS, AND ASSESSMENTS

    SEC. 2411. GRANT AUTHORIZED AND RECOMMENDATION REQUIRED.

        (a) Grant Authorized.--
                (1) In general.--The Superintendent is authorized to award
            a grant to a World Class Schools Task Force to enable such task
            force to make the recommendation described in subsection (b).
                (2) Definition.--For the purpose of this subtitle, the term
            ``World Class Schools Task Force'' means 1 nonprofit
            organization located in the District of Columbia that--
                        (A) has a national reputation for advocating
                    content standards;
                        (B) has a national reputation for advocating a
                    strong liberal arts curriculum;
                        (C) has experience with at least 4 urban school
                    districts for the purpose of establishing content
                    standards;
                        (D) has developed and managed professional
                    development programs in science, mathematics, the
                    humanities and the arts; and
                        (E) is governed by an independent board of
                    directors composed of citizens with a variety of
                    experiences in education and public policy.
        (b) Recommendation Required.--
                (1) In general.--The World Class Schools Task Force shall
            recommend to the Superintendent, the Board of Education, and
            the District of Columbia Goals Panel the following:
                        (A) Content standards in the core academic subjects
                    that are developed by working with the District of
                    Columbia community, which standards shall be developed
                    not later than 12 months after the date of enactment of
                    this Act.
                        (B) A core curriculum developed by working with the
                    District of Columbia community, which curriculum shall
                    include the teaching of computer skills.
                        (C) Districtwide assessments for measuring student
                    achievement in accordance with content standards
                    developed under subparagraph (A). Such assessments
                    shall be developed at several grade levels, including
                    at a minimum, the grade levels with respect to which
                    the Superintendent establishes promotion gates under
                    section 2421. To the extent feasible, such assessments
                    shall, at a minimum, be designed to provide information
                    that permits comparisons between--
                                (i) individual District of Columbia public
                            schools and public charter schools; and
                                (ii) individual students attending such
                            schools.
                        (D) Model professional development programs for
                    teachers using the standards and curriculum developed
                    under subparagraphs (A) and (B).
                (2) Special rule.--The World Class Schools Task Force is
            encouraged, to the extent practicable, to develop districtwide
            assessments described in paragraph (1)(C) that permit
            comparisons among--
                        (A) individual District of Columbia public schools
                    and public charter schools, and individual students
                    attending such schools; and
                        (B) students of other nations.
        (c) Content.--The content standards and assessments recommended
    under subsection (b) shall be judged by the World Class Schools Task
    Force to be world class, including having a level of quality and rigor,
    or being analogous to content standards and assessments of other States
    or nations (including nations whose students historically score high on
    international studies of student achievement).
        (d) Submission to Board of Education for Adoption.--If the content
    standards, curriculum, assessments, and programs recommended under
    subsection (b) are approved by the Superintendent, the Superintendent
    may submit such content standards, curriculum, assessments, and
    programs to the Board of Education for adoption.

    SEC. 2412. CONSULTATION.

        The World Class Schools Task Force shall conduct its duties under
    this part in consultation with--
                (1) the District of Columbia Goals Panel;
                (2) officials of the District of Columbia public schools
            who have been identified by the Superintendent as having
            responsibilities relevant to this part, including the Deputy
            Superintendent for Curriculum;
                (3) the District of Columbia community, with particular
            attention given to educators, and parent and business
            organizations; and
                (4) any other persons or groups that the task force deems
            appropriate.

    SEC. 2413. ADMINISTRATIVE PROVISIONS.

        The World Class Schools Task Force shall ensure public access to
    its proceedings (other than proceedings, or portions of proceedings,
    relating to internal personnel and management matters) that are
    relevant to its duties under this part and shall make available to the
    public, at reasonable cost, transcripts of such proceedings.

    SEC. 2414. CONSULTANTS.

        Upon the request of the World Class Schools Task Force, the head of
    any department or agency of the Federal Government may detail any of
    the personnel of such agency to such task force to assist such task
    force in carrying out such task force's duties under this part.

    SEC. 2415. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated $2,000,000 for fiscal year
    1996 to carry out this part. Such funds shall remain available until
    expended.

                            PART 2--PROMOTION GATES

    SEC. 2421. PROMOTION GATES.

        (a) Kindergarten Through 4th Grade.--Not later than one year after
    the date of adoption in accordance with section 2411(d) of the
    assessments described in section 2411(b)(1)(C), the Superintendent
    shall establish and implement promotion gates for mathematics, reading,
    and writing, for not less than 1 grade level from kindergarten through
    grade 4, including at least grade 4, and shall establish dates for
    establishing such other promotion gates for other subject areas.
        (b) 5th Through 8th Grades.--Not later than one year after the
    adoption in accordance with section 2411(d) of the assessments
    described in section 2411(b)(1)(C), the Superintendent shall establish
    and implement promotion gates with respect to not less than one grade
    level from grade 5 through grade 8, including at least grade 8.
        (c) 9th Through 12th Grades.--Not later than one year after the
    adoption in accordance with section 2411(d) of the assessments
    described in section 2411(b)(1)(C), the Superintendent shall establish
    and implement promotion gates with respect to not less than one grade
    level from grade 9 through grade 12, including at least grade 12.

     Subtitle E--Per Capita District of Columbia Public School and Public
                             Charter School Funding

    SEC. 2501. ANNUAL BUDGETS FOR SCHOOLS.

        (a) In General.--For fiscal year 1997 and for each subsequent
    fiscal year, the Mayor shall make annual payments from the general fund
    of the District of Columbia in accordance with the formula established
    under subsection (b).
        (b) Formula.--
                (1) In general.--The Mayor and the District of Columbia
            Council, in consultation with the Board of Education and the
            Superintendent, shall establish on or before April 15, 1996, a
            formula to determine the amount of--
                        (A) the annual payment to the Board of Education
                    for the operating expenses of the District of Columbia
                    public schools, which for purposes of this paragraph
                    includes the operating expenses of the Board of
                    Education and the Office of the Superintendent; and
                        (B) the annual payment to each public charter
                    school for the operating expenses of each public
                    charter school.
                (2) Formula calculation.--Except as provided in paragraph
            (3), the amount of the annual payment under paragraph (1) shall
            be calculated by multiplying a uniform dollar amount used in
            the formula established under such paragraph by--
                        (A) the number of students calculated under section
                    2502 that are enrolled at District of Columbia public
                    schools, in the case of the payment under paragraph
                    (1)(A); or
                        (B) the number of students calculated under section
                    2502 that are enrolled at each public charter school,
                    in the case of a payment under paragraph (1)(B).
                (3) Exceptions.--
                        (A) Formula.--Notwithstanding paragraph (2), the
                    Mayor and the District of Columbia Council, in
                    consultation with the Board of Education and the
                    Superintendent, may adjust the formula to increase or
                    decrease the amount of the annual payment to the
                    District of Columbia public schools or each public
                    charter school based on a calculation of--
                                (i) the number of students served by such
                            schools in certain grade levels; and
                                (ii) the cost of educating students at such
                            certain grade levels.
                        (B) Payment.--Notwithstanding paragraph (2), the
                    Mayor and the District of Columbia Council, in
                    consultation with the Board of Education and the
                    Superintendent, may adjust the amount of the annual
                    payment under paragraph (1) to increase the amount of
                    such payment if a District of Columbia public school or
                    a public charter school serves a high number of
                    students--
                                (i) with special needs; or
                                (ii) who do not meet minimum literacy
                            standards.

    SEC. 2502. CALCULATION OF NUMBER OF STUDENTS.

        (a) School Reporting Requirement.--
                (1) In general.--Not later than September 15, 1996, and not
            later than September 15 of each year thereafter, each District
            of Columbia public school and public charter school shall
            submit a report to the Mayor and the Board of Education
            containing the information described in subsection (b) that is
            applicable to such school.
                (2) Special rule.--Not later than April 1, 1997, and not
            later than April 1 of each year thereafter, each public charter
            school shall submit a report in the same form and manner as
            described in paragraph (1) to ensure accurate payment under
            section 2503(a)(2)(B)(ii).
        (b) Calculation of Number of Students.--Not later than 30 days
    after the date of the enactment of this Act, and not later than October
    15 of each year thereafter, the Board of Education shall calculate the
    following:
                (1) The number of students, including nonresident students
            and students with special needs, enrolled in each grade from
            kindergarten through grade 12 of the District of Columbia
            public schools and in public charter schools, and the number of
            students whose tuition for enrollment in other schools is paid
            for with funds available to the District of Columbia public
            schools.
                (2) The amount of fees and tuition assessed and collected
            from the nonresident students described in paragraph (1).
                (3) The number of students, including nonresident students,
            enrolled in preschool and prekindergarten in the District of
            Columbia public schools and in public charter schools.
                (4) The amount of fees and tuition assessed and collected
            from the nonresident students described in paragraph (3).
                (5) The number of full time equivalent adult students
            enrolled in adult, community, continuing, and vocational
            education programs in the District of Columbia public schools
            and in public charter schools.
                (6) The amount of fees and tuition assessed and collected
            from resident and nonresident adult students described in
            paragraph (5).
                (7) The number of students, including nonresident students,
            enrolled in nongrade level programs in District of Columbia
            public schools and in public charter schools.
                (8) The amount of fees and tuition assessed and collected
            from nonresident students described in paragraph (7).
        (c) Annual Reports.--Not later than 30 days after the date of the
    enactment of this Act, and not later than October 15 of each year
    thereafter, the Board of Education shall prepare and submit to the
    Authority, the Mayor, the District of Columbia Council, the Consensus
    Commission, the Comptroller General of the United States, and the
    appropriate congressional committees a report containing a summary of
    the most recent calculations made under subsection (b).
        (d) Audit of Initial Calculations.--
                (1) In general.--The Board of Education shall arrange with
            the Authority to provide for the conduct of an independent
            audit of the initial calculations described in subsection (b).
                (2) Conduct of audit.--In conducting the audit, the
            independent auditor--
                        (A) shall provide an opinion as to the accuracy of
                    the information contained in the report described in
                    subsection (c); and
                        (B) shall identify any material weaknesses in the
                    systems, procedures, or methodology used by the Board
                    of Education--
                                (i) in determining the number of students,
                            including nonresident students, enrolled in the
                            District of Columbia public schools and in
                            public charter schools, and the number of
                            students whose tuition for enrollment in other
                            school systems is paid for by funds available
                            to the District of Columbia public schools; and
                                (ii) in assessing and collecting fees and
                            tuition from nonresident students.
                (3) Submission of audit.--Not later than 45 days, or as
            soon thereafter as is practicable, after the date on which the
            Authority receives the initial annual report from the Board of
            Education under subsection (c), the Authority shall submit to
            the Board of Education, the Mayor, the District of Columbia
            Council, and the appropriate congressional committees, the
            audit conducted under this subsection.
                (4) Cost of the audit.--The Board of Education shall
            reimburse the Authority for the cost of the independent audit,
            solely from amounts appropriated to the Board of Education for
            staff, stipends, and other-than-personal-services of the Board
            of Education by an Act making appropriations for the District
            of Columbia.

    SEC. 2503. PAYMENTS.

        (a) In General.--
                (1) Escrow for public charter schools.--Except as provided
            in subsection (b), for any fiscal year, not later than 10 days
            after the date of enactment of an Act making appropriations for
            the District of Columbia for such fiscal year, the Mayor shall
            place in escrow an amount equal to the aggregate of the amounts
            determined under section 2501(b)(1)(B) for use only by District
            of Columbia public charter schools.
                (2) Transfer of escrow funds.--
                        (A) Initial payment.--Not later than October 15,
                    1996, and not later than October 15 of each year
                    thereafter, the Mayor shall transfer, by electronic
                    funds transfer, an amount equal to 75 percent of the
                    amount of the annual payment for each public charter
                    school determined by using the formula established
                    pursuant to section 2501(b) to a bank designated by
                    such school.
                        (B) Final payment.--
                                (i) Except as provided in clause (ii), not
                            later than May 1, 1997, and not later than May
                            1 of each year thereafter, the Mayor shall
                            transfer the remainder of the annual payment
                            for a public charter school in the same manner
                            as the initial payment was made under
                            subparagraph (A).
                                (ii) Not later than March 15, 1997, and not
                            later than March 15 of each year thereafter, if
                            the enrollment number of a public charter
                            school has changed from the number reported to
                            the Mayor and the Board of Education, as
                            required under section 2502(a), the Mayor shall
                            increase the payment in an amount equal to 50
                            percent of the amount provided for each student
                            who has enrolled in such school in excess of
                            such enrollment number, or shall reduce the
                            payment in an amount equal to 50 percent of the
                            amount provided for each student who has
                            withdrawn or dropped out of such school below
                            such enrollment number.
                        (C) Pro rata reduction or increase in payments.--
                                (i) Pro rata reduction.--If the funds made
                            available to the District of Columbia
                            Government for the District of Columbia public
                            school system and each public charter school
                            for any fiscal year are insufficient to pay the
                            full amount that such system and each public
                            charter school is eligible to receive under
                            this subtitle for such year, the Mayor shall
                            ratably reduce such amounts for such year on
                            the basis of the formula described in section
                            2501(b).
                                (ii) Increase.--If additional funds become
                            available for making payments under this
                            subtitle for such fiscal year, amounts that
                            were reduced under subparagraph (A) shall be
                            increased on the same basis as such amounts
                            were reduced.
                        (D) Unexpended funds.--Any funds that remain in the
                    escrow account for public charter schools on September
                    30 of a fiscal year shall revert to the general fund of
                    the District of Columbia.
        (b) Exception for New Schools.--
                (1) Authorization.--There are authorized to be appropriated
            $200,000 for each fiscal year to carry out this subsection.
                (2) Disbursement to mayor.--The Secretary of the Treasury
            shall make available and disburse to the Mayor, not later than
            August 1 of each of the fiscal years 1996 through 2000, such
            funds as have been appropriated under paragraph (1).
                (3) Escrow.--The Mayor shall place in escrow, for use by
            public charter schools, any sum disbursed under paragraph (2)
            and not paid under paragraph (4).
                (4) Payments to schools.--The Mayor shall pay to public
            charter schools described in paragraph (5), in accordance with
            this subsection, any sum disbursed under paragraph (2).
                (5) Schools described.--The schools referred to in
            paragraph (4) are public charter schools that--
                        (A) did not operate as public charter schools
                    during any portion of the fiscal year preceding the
                    fiscal year for which funds are authorized to be
                    appropriated under paragraph (1); and
                        (B) operated as public charter schools during the
                    fiscal year for which funds are authorized to be
                    appropriated under paragraph (1).
                (6) Formula.--
                        (A) 1996.--The amount of the payment to a public
                    charter school described in paragraph (5) that begins
                    operation in fiscal year 1996 shall be calculated by
                    multiplying $6,300 by \1/12\ of the total anticipated
                    enrollment as set forth in the petition to establish
                    the public charter school; and
                        (B) 1997 through 2000.--The amount of the payment
                    to a public charter school described in paragraph (5)
                    that begins operation in any of fiscal years 1997
                    through 2000 shall be calculated by multiplying the
                    uniform dollar amount used in the formula established
                    under section 2501(b) by \1/12\ of the total
                    anticipated enrollment as set forth in the petition to
                    establish the public charter school.
                (7) Payment to schools.--
                        (A) Transfer.--On September 1 of each of the years
                    1996 through 2000, the Mayor shall transfer, by
                    electronic funds transfer, the amount determined under
                    paragraph (6) for each public charter school from the
                    escrow account established under subsection (a) to a
                    bank designated by each such school.
                        (B) Pro rata and remaining funds.--Subparagraphs
                    (C) and (D) of subsection (a)(2) shall apply to
                    payments made under this subsection, except that for
                    purposes of this subparagraph references to District of
                    Columbia public schools in such subparagraphs (C) and
                    (D) shall be read to refer to public charter schools.

              Subtitle F--School Facilities Repair and Improvement

    SEC. 2550. DEFINITIONS.

        For purposes of this subtitle--
                (1) the term ``facilities'' means buildings, structures,
            and real property of the District of Columbia public schools,
            except that such term does not include any administrative
            office building that is not located in a building containing
            classrooms; and
                (2) the term ``repair and improvement'' includes
            administration, construction, and renovation.

                           PART 1--SCHOOL FACILITIES

    SEC. 2551. TECHNICAL ASSISTANCE.

        (a) In General.--Not later than 90 days after the date of enactment
    of this Act the Administrator of the General Services Administration
    shall enter into a Memorandum of Agreement or Understanding (referred
    to in this subtitle as the ``Agreement'') with the Superintendent
    regarding the terms under which the Administrator will provide
    technical assistance and related services with respect to District of
    Columbia public schools facilities management in accordance with this
    section.
        (b) Technical Assistance and Related Services.--The technical
    assistance and related services described in subsection (a) shall
    include--
                (1) the Administrator consulting with and advising District
            of Columbia public school personnel responsible for public
            schools facilities management, including repair and improvement
            with respect to facilities management of such schools;
                (2) the Administrator assisting the Superintendent in
            developing a systemic and comprehensive facilities
            revitalization program, for the repair and improvement of
            District of Columbia public school facilities, which program
            shall--
                        (A) include a list of facilities to be repaired and
                    improved in a recommended order of priority;
                        (B) provide the repair and improvement required to
                    support modern technology; and
                        (C) take into account the Preliminary Facilities
                    Master Plan 2005 (prepared by the Superintendent's Task
                    Force on Education Infrastructure for the 21st
                    Century);
                (3) the method by which the Superintendent will accept
            donations of private goods and services for use by the District
            of Columbia public schools without regard to any law or
            regulation of the District of Columbia;
                (4) the Administrator recommending specific repair and
            improvement projects in District of Columbia public school
            facilities to the Superintendent that are appropriate for
            completion by members and units of the National Guard and the
            Reserves in accordance with the program developed under
            paragraph (2);
                (5) upon the request of the Superintendent, the
            Administrator assisting the appropriate District of Columbia
            public school officials in the preparation of an action plan
            for the performance of any repair and improvement recommended
            in the program developed under paragraph (2), which action plan
            shall detail the technical assistance and related services the
            Administrator proposes to provide in the accomplishment of the
            repair and improvement;
                (6) upon the request of the Superintendent, and if
            consistent with the efficient use of resources as determined by
            the Administrator, the coordination of the accomplishment of
            any repair and improvement in accordance with the action plan
            prepared under paragraph (5), except that in carrying out this
            paragraph, the Administrator shall not be subject to the
            requirements of title III of the Federal Property and
            Administrative Services Act of 1949 (41 U.S.C. 251 et seq.),
            the Office of Federal Procurement Policy Act (41 U.S.C. 401 et
            seq.), nor shall such action plan be subject to review under
            the bid protest procedures described in sections 3551 through
            3556 of title 31, United States Code, or the Contract Disputes
            Act of 1978 (41 U.S.C. 601 et seq.);
                (7) providing access for the Administrator to all District
            of Columbia public school facilities as well as permitting the
            Administrator to request and obtain any record or document
            regarding such facilities as the Administrator determines
            necessary, except that any such record or document shall not
            become a record (as defined in section 552a of title 5, United
            States Code) of the General Services Administration; and
                (8) the Administrator making recommendations regarding how
            District of Columbia public school facilities may be used by
            the District of Columbia community for multiple purposes.
        (c) Agreement Provisions.--The Agreement shall include--
                (1) the procedures by which the Superintendent and
            Administrator will consult with respect to carrying out this
            section, including reasonable time frames for such
            consultation;
                (2) the scope of the technical assistance and related
            services to be provided by the General Services Administration
            in accordance with this section;
                (3) assurances by the Administrator and the Superintendent
            to cooperate with each other in any way necessary to ensure
            implementation of the Agreement, including assurances that
            funds available to the District of Columbia shall be used to
            pay the obligations of the District of Columbia public school
            system that are incurred as a result of actions taken under, or
            in furtherance of, the Agreement, in addition to funds
            available to the Administrator for purposes of this section;
            and
                (4) the duration of the Agreement, except that in no event
            shall the Agreement remain in effect later than the day that is
            24 months after the date that the Agreement is signed, or the
            day that the agency designated pursuant to section 2552(a)(2)
            assumes responsibility for the District of Columbia public
            school facilities, whichever day is earlier.
        (d) Limitation on Administrator's Liability.--No claim, suit, or
    action may be brought against the Administrator in connection with the
    discharge of the Administrator's responsibilities under this subtitle.
        (e) Special Rule.--Notwithstanding any other provision of law, the
    Administrator is authorized to accept and use a conditioned gift made
    for the express purpose of repairing or improving a District of
    Columbia public school, except that the Administrator shall not be
    required to carry out any repair or improvement under this section
    unless the Administrator accepts a donation of private goods or
    services sufficient to cover the costs of such repair or improvement.
        (f) Effective Date.--This subtitle shall cease to be effective on
    the earlier day specified in subsection (c)(4).

    SEC. 2552. FACILITIES REVITALIZATION PROGRAM.

        (a) Program.--Not later than 24 months after the date that the
    Agreement is signed, the Mayor and the District of Columbia Council in
    consultation with the Administrator, the Authority, the Board of
    Education, and the Superintendent, shall--
                (1) design and implement a comprehensive long-term program
            for the repair and improvement, and maintenance and management,
            of the District of Columbia public school facilities, which
            program shall incorporate the work completed in accordance with
            the program described in section 2551(b)(2); and
                (2) designate a new or existing agency or authority within
            the District of Columbia Government to administer such program.
        (b) Proceeds.--Such program shall include--
                (1) identifying short-term funding for capital and
            maintenance of facilities, which may include retaining proceeds
            from the sale or lease of a District of Columbia public school
            facility; and
                (2) identifying and designating long-term funding for
            capital and maintenance of facilities.
        (c) Implementation.--Upon implementation of such program, the
    agency or authority created or designated pursuant to subsection (a)(2)
    shall assume authority and responsibility for the repair and
    improvement, and maintenance and management, of District of Columbia
    public schools.

    SEC. 2553. AUTHORIZATION OF APPROPRIATIONS FOR ENGINEERING PLANS.

        There are authorized to be appropriated to the Administrator,
    $500,000 for fiscal year 1996, which funds only shall be available for
    the costs of engineering plans developed to carry out this subtitle.

                                PART 2--WAIVERS

    SEC. 2561. WAIVERS.

        (a) In General.--
                (1) Requirements waived.--Subject to subsection (b), all
            District of Columbia fees and all requirements contained in the
            document entitled ``District of Columbia Public Schools
            Standard Contract Provisions'' (as such document was in effect
            on November 2, 1995 and including any revisions or
            modifications to such document) published by the District of
            Columbia public schools for use with construction or
            maintenance projects, are waived, for purposes of repair and
            improvement of District of Columbia public schools facilities
            for a period beginning on the date of enactment of this Act and
            ending 24 months after such date.
                (2) Donations.--An employer may accept, and persons may
            voluntarily donate, materials and services for the repair and
            improvement of a District of Columbia public school facility:
            Provided, That the provision of voluntary labor meets the
            requirements of 29 U.S.C. 203(e)(4).
        (b) Limitation.--A waiver under subsection (a) shall not apply to
    requirements under 40 U.S.C. 276a-276a-7.

                PART 3--GIFTS, DONATIONS, BEQUESTS, AND DEVISES

    SEC. 2571. GIFTS, DONATIONS, BEQUESTS, AND DEVISES.

        (a) In General.--A District of Columbia public school or a public
    charter school may accept directly from any person a gift, donation,
    bequest, or devise of any property, real or personal, without regard to
    any law or regulation of the District of Columbia.
        (b) Tax Laws.--For the purposes of the income tax, gift tax, and
    estate tax laws of the Federal Government, any money or other property
    given, donated, bequeathed, or devised to a District of Columbia public
    school or a public charter school, shall be deemed to have been given,
    donated, bequeathed, or devised to or for the use of the District of
    Columbia.

                         Subtitle G--Residential School

    SEC. 2601. RESIDENTIAL SCHOOL AUTHORIZED.

        (a) In General.--The Superintendent is authorized to develop a plan
    to establish for the District of Columbia a residential school for
    academic year 1997-1998 and to assist in the startup of such school.
        (b) Plan Requirements.--If developed, the plan for the residential
    school shall include, at a minimum--
                (1) options for the location of the school, including the
            renovation or construction of a facility;
                (2) financial plans for the facility, including annual
            costs to operate the school, capital expenditures required to
            open the facility, maintenance of facilities, and staffing
            costs; and
                (3) staff development and training plans.

    SEC. 2602. USE OF FUNDS.

        Funds under this subtitle may be used--
                (1) to develop the plan described in section 2601; and
                (2) for capital costs associated with the startup of a
            residential school, including the purchase of real and personal
            property and the renovation or construction of facilities.

    SEC. 2603. FUTURE FUNDING.

        The Superintendent shall identify, not later than December 31,
    1996, in a report to the Mayor, the District of Columbia Council, the
    Authority, and the appropriate congressional committees, non-Federal
    funding sources for the operation of the residential school.

    SEC. 2604. GIFTS.

        The Superintendent may accept donations of money, property, and
    personal services for purposes of the establishment and operation of
    the residential school.

    SEC. 2605. AUTHORIZATION OF APPROPRIATIONS.

        (a) Plan.--There are authorized to be appropriated to the District
    of Columbia $100,000 for fiscal year 1996 to develop the plan described
    in section 2601.
        (b) Capital Costs.--There are authorized to be appropriated
    $1,900,000 for fiscal year 1997 to carry out section 2602(2).

                Subtitle H--Progress Reports and Accountability

    SEC. 2651. SUPERINTENDENT'S REPORT ON REFORMS.

        Not later than December 1, 1996, the Superintendent shall submit to
    the appropriate congressional committees, the Board of Education, the
    Mayor, the Consensus Commission, and the District of Columbia Council a
    report regarding the progress of the District of Columbia public
    schools toward achieving the goals of the long-term reform plan.

    SEC. 2652. DISTRICT OF COLUMBIA COUNCIL REPORT.

        Not later than April 1, 1997, the Chairperson of the District of
    Columbia Council shall submit to the appropriate congressional
    committees a report describing legislative and other actions the
    District of Columbia Council has taken or will take to facilitate the
    implementation of the goals of the long-term reform plan.

                     Subtitle I--Partnerships With Business

    SEC. 2701. PURPOSE.

        The purpose of this subtitle is--
                (1) to leverage private sector funds utilizing initial
            Federal investments in order to provide students and teachers
            within the District of Columbia public schools and public
            charter schools with access to state-of-the-art educational
            technology;
                (2) to establish a regional job training and employment
            center;
                (3) to strengthen workforce preparation initiatives for
            students within the District of Columbia public schools and
            public charter schools;
                (4) to coordinate private sector investments in carrying
            out this title; and
                (5) to assist the Superintendent with the development of
            individual career paths in accordance with the long-term reform
            plan.

    SEC. 2702. DUTIES OF THE SUPERINTENDENT OF THE DISTRICT OF COLUMBIA
                  PUBLIC SCHOOLS.

        Not later than 45 days after the date of the enactment of this Act,
    the Superintendent shall provide a grant to a private, nonprofit
    corporation that meets the eligibility criteria under section 2703 for
    the purposes of carrying out the duties under sections 2704 and 2707.

    SEC. 2703. ELIGIBILITY CRITERIA FOR PRIVATE, NONPROFIT CORPORATION.

        A private, nonprofit corporation shall be eligible to receive a
    grant under section 2702 if the corporation is a national business
    organization incorporated in the District of Columbia, that--
                (1) has a board of directors which includes members who are
            also chief executive officers of technology-related
            corporations involved in education and workforce development
            issues;
                (2) has extensive practical experience with initiatives
            that link business resources and expertise with education and
            training systems;
                (3) has experience in working with State and local
            educational agencies throughout the United States with respect
            to the integration of academic studies with workforce
            preparation programs; and
                (4) has a nationwide structure through which additional
            resources can be leveraged and innovative practices
            disseminated.

    SEC. 2704. DUTIES OF THE PRIVATE, NONPROFIT CORPORATION.

        (a) District Education and Learning Technologies Advancement
    Council.--
                (1) Establishment.--The private, nonprofit corporation
            shall establish a council to be known as the ``District
            Education and Learning Technologies Advancement Council'' (in
            this subtitle referred to as the ``council'').
                (2) Membership.--
                        (A) In general.--The private, nonprofit corporation
                    shall appoint members to the council. An individual
                    shall be appointed as a member to the council on the
                    basis of the commitment of the individual, or the
                    entity which the individual is representing, to
                    providing time, energy, and resources to the council.
                        (B) Compensation.--Members of the council shall
                    serve without compensation.
                (3) Duties.--The council--
                        (A) shall advise the private, nonprofit corporation
                    with respect to the duties of the corporation under
                    subsections (b) through (e) of this section; and
                        (B) shall assist the corporation in leveraging
                    private sector resources for the purpose of carrying
                    out such duties.
        (b) Access to State-of-the-Art Educational Technology.--
                (1) In general.--The private, nonprofit corporation, in
            conjunction with the Superintendent, students, parents, and
            teachers, shall establish and implement strategies to ensure
            access to state-of-the-art educational technology within the
            District of Columbia public schools and public charter schools.
                (2) Electronic data transfer system.--The private,
            nonprofit corporation shall assist the Superintendent in
            acquiring the necessary equipment, including computer hardware
            and software, to establish an electronic data transfer system.
            The private, nonprofit corporation shall also assist in
            arranging for training of District of Columbia public school
            employees in using such equipment.
                (3) Technology assessment.--
                        (A) In general.--In establishing and implementing
                    the strategies under paragraph (1), the private,
                    nonprofit corporation, not later than September 1,
                    1996, shall provide for an assessment of the
                    availability, on the date of enactment of this Act, of
                    state-of-the-art educational technology within the
                    District of Columbia public schools and public charter
                    schools.
                        (B) Conduct of assessment.--In providing for the
                    assessment under subparagraph (A), the private,
                    nonprofit corporation--
                                (i) shall provide for onsite inspections of
                            the state-of-the-art educational technology
                            within a minimum sampling of District of
                            Columbia public schools and public charter
                            schools; and
                                (ii) shall ensure proper input from
                            students, parents, teachers, and other school
                            officials through the use of focus groups and
                            other appropriate mechanisms.
                        (C) Results of assessment.--The private, nonprofit
                    corporation shall ensure that the assessment carried
                    out under this paragraph provides, at a minimum,
                    necessary information on state-of-the-art educational
                    technology within the District of Columbia public
                    schools and public charter schools, including--
                                (i) the extent to which typical District of
                            Columbia public schools have access to such
                            state-of-the-art educational technology and
                            training for such technology;
                                (ii) how such schools are using such
                            technology;
                                (iii) the need for additional technology
                            and the need for infrastructure for the
                            implementation of such additional technology;
                                (iv) the need for computer hardware,
                            software, training, and funding for such
                            additional technology or infrastructure; and
                                (v) the potential for computer linkages
                            among District of Columbia public schools and
                            public charter schools.
                (4) Short-term technology plan.--
                        (A) In general.--Based upon the results of the
                    technology assessment under paragraph (3), the private,
                    nonprofit corporation shall develop a 3-year plan that
                    includes goals, priorities, and strategies for
                    obtaining the resources necessary to implement
                    strategies to ensure access to state-of-the-art
                    educational technology within the District of Columbia
                    public schools and public charter schools.
                        (B) Implementation.--The private, nonprofit
                    corporation, in conjunction with schools, students,
                    parents, and teachers, shall implement the plan
                    developed under subparagraph (A).
                (5) Long-term technology plan.--Prior to the completion of
            the implementation of the short-term technology plan under
            paragraph (4), the private, nonprofit corporation shall develop
            a plan under which the corporation will continue to coordinate
            the donation of private sector resources for maintaining the
            continuous improvement and upgrading of state-of-the-art
            educational technology within the District of Columbia public
            schools and public charter schools.
        (c) District Employment and Learning Center.--
                (1) Establishment.--The private, nonprofit corporation
            shall establish a center to be known as the ``District
            Employment and Learning Center'' (in this subtitle referred to
            as the ``center''), which shall serve as a regional institute
            providing job training and employment assistance.
                (2) Duties.--
                        (A) Job training and employment assistance
                    program.--The center shall establish a program to
                    provide job training and employment assistance in the
                    District of Columbia and shall coordinate with career
                    preparation programs in existence on the date of
                    enactment of this Act, such as vocational education,
                    school-to-work, and career academies in the District of
                    Columbia public schools.
                        (B) Conduct of program.--In carrying out the
                    program established under subparagraph (A), the
                    center--
                                (i) shall provide job training and
                            employment assistance to youths who have
                            attained the age of 18 but have not attained
                            the age of 26, who are residents of the
                            District of Columbia, and who are in need of
                            such job training and employment assistance for
                            an appropriate period not to exceed 2 years;
                                (ii) shall work to establish partnerships
                            and enter into agreements with appropriate
                            agencies of the District of Columbia Government
                            to serve individuals participating in
                            appropriate Federal programs, including
                            programs under the Job Training Partnership Act
                            (29 U.S.C. 1501 et seq.), the Job Opportunities
                            and Basic Skills Training Program under part F
                            of title IV of the Social Security Act (42
                            U.S.C. 681 et seq.), the Carl D. Perkins
                            Vocational and Applied Technology Education Act
                            (20 U.S.C. 2301 et seq.), and the School-to-
                            Work Opportunities Act of 1994 (20 U.S.C. 6101
                            et seq.);
                                (iii) shall conduct such job training, as
                            appropriate, through a consortium of colleges,
                            universities, community colleges, businesses,
                            and other appropriate providers, in the
                            District of Columbia metropolitan area;
                                (iv) shall design modular training programs
                            that allow students to enter and leave the
                            training curricula depending on their
                            opportunities for job assignments with
                            employers; and
                                (v) shall utilize resources from businesses
                            to enhance work-based learning opportunities
                            and facilitate access by students to work-based
                            learning and work experience through temporary
                            work assignments with employers in the District
                            of Columbia metropolitan area.
                        (C) Compensation.--The center may provide
                    compensation to youths participating in the program
                    under this paragraph for part-time work assigned in
                    conjunction with training. Such compensation may
                    include need-based payments and reimbursement of
                    expenses.
        (d) Workforce Preparation Initiatives.--
                (1) In general.--The private, nonprofit corporation shall
            establish initiatives with the District of Columbia public
            schools, and public charter schools, appropriate governmental
            agencies, and businesses and other private entities, to
            facilitate the integration of rigorous academic studies with
            workforce preparation programs in District of Columbia public
            schools and public charter schools.
                (2) Conduct of initiatives.--In carrying out the
            initiatives under paragraph (1), the private, nonprofit
            corporation shall, at a minimum, actively develop, expand, and
            promote the following programs:
                        (A) Career academy programs in secondary schools,
                    as such programs are established in certain District of
                    Columbia public schools, which provide a school-within-
                    a-school concept, focusing on career preparation and
                    the integration of the academy programs with vocational
                    and technical curriculum.
                        (B) Programs carried out in the District of
                    Columbia that are funded under the School-to-Work
                    Opportunities Act of 1994 (20 U.S.C. 6101 et seq.).
        (e) Professional Development Program for Teachers and
    Administrators.--
                (1) Establishment of program.--The private, nonprofit
            corporation shall establish a consortium consisting of the
            corporation, teachers, school administrators, and the
            consortium of universities located in the District of Columbia
            (in existence on the date of the enactment of this Act), for
            the purpose of establishing a program for the professional
            development of teachers and school administrators employed by
            the District of Columbia public schools and public charter
            schools.
                (2) Conduct of program.--In carrying out the program
            established under paragraph (1), the consortium established
            under such paragraph, in consultation with the task force
            established under subtitle D and the Superintendent, at a
            minimum, shall provide for the following:
                        (A) Professional development for teachers
                    consistent with the model professional development
                    programs for teachers under section 2411(b)(4), or
                    consistent with the core curriculum developed by the
                    Superintendent under section 2411(b)(2), as the case
                    may be, except that for fiscal year 1996, such
                    professional development shall focus on curriculum for
                    elementary school grades in reading and mathematics
                    that have been demonstrated to be effective for
                    students from low-income backgrounds.
                        (B) Professional development for principals, with a
                    special emphasis on middle school principals, focusing
                    on effective practices that reduce the number of
                    students who drop out of school.
                        (C) Private sector training of teachers in the use,
                    application, and operation of state-of-the-art
                    technology in education.
                        (D) Training for school principals and other school
                    administrators in effective private sector management
                    practices for the purpose of site-based management in
                    the District of Columbia public schools, and training
                    in the management of public charter schools established
                    in accordance with this title.

    SEC. 2705. MATCHING FUNDS.

        The private, nonprofit corporation, to the extent practicable,
    shall provide matching funds, or in-kind contributions, or a
    combination thereof, for the purpose of carrying out the duties of the
    corporation under section 2704, as follows:
                (1) For fiscal year 1996, the nonprofit corporation shall
            provide matching funds or in-kind contributions of $1 for every
            $1 of Federal funds provided under this subtitle for such year
            for activities under section 2704.
                (2) For fiscal year 1997, the nonprofit corporation shall
            provide matching funds or in-kind contributions of $3 for every
            $1 of Federal funds provided under this subtitle for such year
            for activities under section 2704.
                (3) For fiscal year 1998, the nonprofit corporation shall
            provide matching funds or in-kind contributions of $5 for every
            $1 of Federal funds provided under this subtitle for such year
            for activities under section 2704.

    SEC. 2706. REPORT.

        The private, nonprofit corporation shall prepare and submit to the
    appropriate congressional committees on a quarterly basis, or, with
    respect to fiscal year 1996, on a biannual basis, a report which shall
    contain--
                (1) the activities the corporation has carried out,
            including the duties of the corporation described in section
            2704, for the 3-month period ending on the date of the
            submission of the report, or, with respect to fiscal year 1996,
            the 6-month period ending on the date of the submission of the
            report;
                (2) an assessment of the use of funds or other resources
            donated to the corporation;
                (3) the results of the assessment carried out under section
            2704(b)(3); and
                (4) a description of the goals and priorities of the
            corporation for the 3-month period beginning on the date of the
            submission of the report, or, with respect to fiscal year 1996,
            the 6-month period beginning on the date of the submission of
            the report.

    SEC. 2707. JOBS FOR D.C. GRADUATES PROGRAM.

        (a) In General.--The nonprofit corporation shall establish a
    program, to be known as the ``Jobs for D.C. Graduates Program'', to
    assist District of Columbia public schools and public charter schools
    in organizing and implementing a school-to-work transition system,
    which system shall give priority to providing assistance to at-risk
    youths and disadvantaged youths.
        (b) Conduct of Program.--In carrying out the program established
    under subsection (a), the nonprofit corporation, consistent with the
    policies of the nationally recognized Jobs for America's Graduates,
    Inc., shall--
                (1) establish performance standards for such program;
                (2) provide ongoing enhancement and improvements in such
            program;
                (3) provide research and reports on the results of such
            program; and
                (4) provide preservice and inservice training.

    SEC. 2708. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorization.--
                (1) Delta council; access to state-of-the-art educational
            technology; and workforce preparation initiatives.--There are
            authorized to be appropriated to carry out subsections (a),
            (b), and (d) of section 2704, $1,000,000 for each of the fiscal
            years 1996, 1997, and 1998.
                (2) Deal center.--There are authorized to be appropriated
            to carry out section 2704(c), $2,000,000 for each of the fiscal
            years 1996, 1997, and 1998.
                (3) Professional development program for teachers and
            administrators.--There are authorized to be appropriated to
            carry out section 2704(e), $1,000,000 for each of the fiscal
            years 1996, 1997, and 1998.
                (4) Jobs for d.c. graduates program.--There are authorized
            to be appropriated to carry out section 2707--
                        (A) $2,000,000 for fiscal year 1996; and
                        (B) $3,000,000 for each of the fiscal years 1997
                    through 2000.
        (b) Availability.--Amounts authorized to be appropriated under
    subsection (a) are authorized to remain available until expended.

    SEC. 2709. TERMINATION OF FEDERAL SUPPORT; SENSE OF THE CONGRESS
                  RELATING TO CONTINUATION OF ACTIVITIES.

        (a) Termination of Federal Support.--The authority under this
    subtitle to provide assistance to the private, nonprofit corporation or
    any other entity established pursuant to this subtitle shall terminate
    on October 1, 1998.
        (b) Sense of the Congress Relating to Continuation of Activities.--
    It is the sense of the Congress that--
                (1) the activities of the private, nonprofit corporation
            under section 2704 should continue to be carried out after
            October 1, 1998, with resources made available from the private
            sector; and
                (2) the corporation should provide oversight and
            coordination for such activities after such date.

                Subtitle J--Management and Fiscal Accountability

    SEC. 2751. MANAGEMENT SUPPORT SYSTEMS.

        (a) Food Services and Security Services.--Notwithstanding any other
    law, rule, or regulation, the Board of Education shall enter into a
    contract for academic year 1995-1996 and each succeeding academic year,
    for the provision of all food services operations and security services
    for the District of Columbia public schools, unless the Superintendent
    determines that it is not feasible and provides the Superintendent's
    reasons in writing to the Board of Education and the Authority.
        (b) Development of New Management and Data Systems.--
    Notwithstanding any other law, rule, or regulation, the Board of
    Education shall, in academic year 1995-1996, consult with the Authority
    on the development of new management and data systems, as well as
    training of personnel to use and manage the systems in areas of budget,
    finance, personnel and human resources, management information
    services, procurement, supply management, and other systems recommended
    by the Authority. Such plans shall be consistent with, and
    contemporaneous to, the District of Columbia Government's development
    and implementation of a replacement for the financial management system
    for the District of Columbia Government in use on the date of enactment
    of this Act.

    SEC. 2752. ANNUAL REPORTING REQUIREMENTS.

        (a) In General.--The Board of Education shall annually compile an
    accurate and verifiable report on the positions and employees in the
    District of Columbia public school system. The annual report shall set
    forth--
                (1) the number of validated schedule A positions in the
            District of Columbia public schools for fiscal year 1995,
            fiscal year 1996, and thereafter on a full-time equivalent
            basis, including a compilation of all positions by control
            center, responsibility center, funding source, position type,
            position title, pay plan, grade, and annual salary; and
                (2) a compilation of all employees in the District of
            Columbia public schools as of December 31, of the year
            preceding the year for which the report is made, verified as to
            its accuracy in accordance with the functions that each
            employee actually performs, by control center, responsibility
            center, agency reporting code, program (including funding
            source), activity, location for accounting purposes, job title,
            grade and classification, annual salary, and position control
            number.
        (b) Submission.--The annual report required by subsection (a) shall
    be submitted to the Congress, the Mayor, the District of Columbia
    Council, the Consensus Commission, and the Authority, not later than
    February 8, 1996, and each February 8 thereafter.

    SEC. 2753. ANNUAL BUDGETS AND BUDGET REVISIONS.

        (a) In General.--Not later than October 1, 1996, or prior to 15
    calendar days after the date of the enactment of the District of
    Columbia Appropriations Act, 1996, whichever occurs first, and each
    succeeding year thereafter, the Board of Education shall submit to the
    appropriate congressional committees, the Mayor, the District of
    Columbia Council, the Consensus Commission, and the Authority, a
    revised appropriated funds operating budget for the District of
    Columbia public school system for such fiscal year that is consistent
    with the total amount appropriated in an Act making appropriations for
    the District of Columbia for such fiscal year and that realigns
    budgeted data for personal services and other than personal services,
    with anticipated actual expenditures.
        (b) Submission.--The revised budget required by subsection (a)
    shall be submitted in the format of the budget that the Board of
    Education submits to the Mayor for inclusion in the Mayor's budget
    submission to the District of Columbia Council pursuant to section 442
    of the District of Columbia Self-Government and Governmental
    Reorganization Act, Public Law 93-198 (D.C. Code, sec. 47-301).

    SEC. 2754. ACCESS TO FISCAL AND STAFFING DATA.

        (a) In General.--The budget, financial-accounting, personnel,
    payroll, procurement, and management information systems of the
    District of Columbia public schools shall be coordinated and interface
    with related systems of the District of Columbia Government.
        (b) Access.--The Board of Education shall provide read-only access
    to its internal financial management systems and all other data bases
    to designated staff of the Mayor, the Council, the Authority, and
    appropriate congressional committees.

    SEC. 2755. DEVELOPMENT OF FISCAL YEAR 1997 BUDGET REQUEST.

        (a) In General.--The Board of Education shall develop its fiscal
    year 1997 gross operating budget and its fiscal year 1997 appropriated
    funds budget request in accordance with this section.
        (b) Fiscal Year 1996 Budget Revision.--Not later than February 15,
    1996, the Board of Education shall develop, approve, and submit to the
    Mayor, the District of Columbia Council, the Authority, and appropriate
    congressional committees, a revised fiscal year 1996 gross operating
    budget that reflects the amount appropriated in the District of
    Columbia Appropriations Act, 1996, and which--
                (1) is broken out on the basis of appropriated funds and
            nonappropriated funds, control center, responsibility center,
            agency reporting code, object class, and object; and
                (2) indicates by position title, grade, and agency
            reporting code, all staff allocated to each District of
            Columbia public school as of October 15, 1995, and indicates on
            an object class basis all other-than-personal-services
            financial resources allocated to each school.
        (c) Zero-Base Budget.--For fiscal year 1997, the Board of Education
    shall build its gross operating budget and appropriated funds request
    from a zero-base, starting from the local school level through the
    central office level.
        (d) School-by-School Budgets.--The Board of Education's initial
    fiscal year 1997 gross operating budget and appropriated funds budget
    request submitted to the Mayor, the District of Columbia Council, and
    the Authority shall contain school-by-school budgets and shall also--
                (1) be broken out on the basis of appropriated funds and
            nonappropriated funds, control center, responsibility center,
            agency reporting code, object class, and object;
                (2) indicate by position title, grade, and agency reporting
            code all staff budgeted for each District of Columbia public
            school, and indicate on an object class basis all other-than-
            personal-services financial resources allocated to each school;
            and
                (3) indicate the amount and reason for all changes made to
            the initial fiscal year 1997 gross operating budget and
            appropriated funds request from the revised fiscal year 1996
            gross operating budget required by subsection (b).

    SEC. 2756. TECHNICAL AMENDMENTS.

        Section 1120A of the Elementary and Secondary Education Act of 1965
    (20 U.S.C. 6322) is amended--
                (1) in subsection (b)(1), by--
                        (A) striking ``(A) Except as provided in
                    subparagraph (B), a State'' and inserting ``A State'';
                    and
                        (B) striking subparagraph (B); and
                (2) by adding at the end thereof the following new
            subsection:
        ``(d) Exclusion of Funds.--For the purpose of complying with
    subsections (b) and (c), a State or local educational agency may
    exclude supplemental State or local funds expended in any school
    attendance area or school for programs that meet the intent and
    purposes of this part.''.

     Subtitle K--Personal Accountability and Preservation of School-Based
                                   Resources

    SEC. 2801. PRESERVATION OF SCHOOL-BASED STAFF POSITIONS.

        (a) Restrictions on Reductions of School-Based Employees.--To the
    extent that a reduction in the number of full-time equivalent positions
    for the District of Columbia public schools is required to remain
    within the number of full-time equivalent positions established for the
    public schools in appropriations Acts, no reductions shall be made from
    the full-time equivalent positions for school-based teachers,
    principals, counselors, librarians, or other school-based educational
    positions that were established as of the end of fiscal year 1995,
    unless the Authority makes a determination based on student enrollment
    that--
                (1) fewer school-based positions are needed to maintain
            established pupil-to-staff ratios; or
                (2) reductions in positions for other than school-based
            employees are not practicable.
        (b) Definition.--The term ``school-based educational position''
    means a position located at a District of Columbia public school or
    other position providing direct support to students at such a school,
    including a position for a clerical, stenographic, or secretarial
    employee, but not including any part-time educational aide position.

    SEC. 2802. MODIFICATIONS OF BOARD OF EDUCATION REDUCTION-IN-FORCE
                  PROCEDURES.

        The District of Columbia Government Comprehensive Merit Personnel
    Act of 1978 (D.C. Code, sec. 1-601.1 et seq.) is amended--
                (1) in section 301 (D.C. Code, sec. 1.603.1)--
                        (A) by inserting after paragraph (13), the
                    following new paragraph:
                ``(13A) The term `nonschool-based personnel' means any
            employee of the District of Columbia public schools who is not
            based at a local school or who does not provide direct services
            to individual students.''; and
                        (B) by inserting after paragraph (15), the
                    following new paragraph:
                ``(15A) The term `school administrators' means principals,
            assistant principals, school program directors, coordinators,
            instructional supervisors, and support personnel of the
            District of Columbia public schools.'';
                (2) in section 801A(b)(2) (D.C. Code, sec. 1-
            609.1(b)(2)(L)--
                        (A) by striking ``(L) reduction-in-force'' and
                    inserting ``(L)(i) reduction-in-force''; and
                        (B) by inserting after subparagraph (L)(i), the
                    following new clause:
                        ``(ii) Notwithstanding any other provision of law,
                    the Board of Education shall not issue rules that
                    require or permit nonschool-based personnel or school
                    administrators to be assigned or reassigned to the same
                    competitive level as classroom teachers;''; and
                (3) in section 2402 (D.C. Code, sec. 1-625.2), by adding at
            the end the following new subsection:
        ``(f) Notwithstanding any other provision of law, the Board of
    Education shall not require or permit nonschool-based personnel or
    school administrators to be assigned or reassigned to the same
    competitive level as classroom teachers.''.

    SEC. 2803. PUBLIC SCHOOL EMPLOYEE EVALUATIONS.

        Notwithstanding any other provision of law, rule, or regulation,
    the evaluation process and instruments for evaluating District of
    Columbia public school employees shall be a nonnegotiable item for
    collective bargaining purposes.

    SEC. 2804. PERSONAL AUTHORITY FOR PUBLIC SCHOOL EMPLOYEES.

        (a) In General.--Notwithstanding any other provision of law, rule,
    or regulation, an employee of a District of Columbia public school
    shall be--
                (1) classified as an educational service employee;
                (2) placed under the personnel authority of the Board of
            Education; and
                (3) subject to all Board of Education rules.
        (b) School-Based Personnel.--School-based personnel shall
    constitute a separate competitive area from nonschool-based personnel
    who shall not compete with school-based personnel for retention
    purposes.

        Subtitle L--Establishment and Organization of the Commission on
          Consensus Reform in the District of Columbia Public Schools

    SEC. 2851. COMMISSION ON CONSENSUS REFORM IN THE DISTRICT OF COLUMBIA
                  PUBLIC SCHOOLS.

        (a) Establishment.--
                (1) In general.--There is established within the District
            of Columbia Government a Commission on Consensus Reform in the
            District of Columbia Public Schools, consisting of 7 members to
            be appointed in accordance with paragraph (2).
                (2) Membership.--The Consensus Commission shall consist of
            the following members:
                        (A) 1 member to be appointed by the President
                    chosen from a list of 3 proposed members submitted by
                    the Majority Leader of the Senate.
                        (B) 1 member to be appointed by the President
                    chosen from a list of 3 proposed members submitted by
                    the Speaker of the House of Representatives.
                        (C) 2 members to be appointed by the President, of
                    which 1 shall represent the local business community
                    and 1 of which shall be a teacher in a District of
                    Columbia public school.
                        (D) The President of the District of Columbia
                    Congress of Parents and Teachers.
                        (E) The President of the Board of Education.
                        (F) The Superintendent.
                        (G) The Mayor and District of Columbia Council
                    Chairman shall each name 1 nonvoting ex officio member.
                        (H) The Chief of the National Guard Bureau who
                    shall be an ex officio member.
                (3) Terms of service.--The members of the Consensus
            Commission shall serve for a term of 3 years.
                (4) Vacancies.--Any vacancy in the membership of the
            Consensus Commission shall be filled by the appointment of a
            new member in the same manner as provided for the vacated
            membership. A member appointed under this paragraph shall serve
            the remaining term of the vacated membership.
                (5) Qualifications.--Members of the Consensus Commission
            appointed under subparagraphs (A), (B), and (C) of paragraph
            (2) shall be residents of the District of Columbia and shall
            have a knowledge of public education in the District of
            Columbia.
                (6) Chair.--The Chair of the Consensus Commission shall be
            chosen by the Consensus Commission from among its members,
            except that the President of the Board of Education and the
            Superintendent shall not be eligible to serve as Chair.
                (7) No compensation for service.--Members of the Consensus
            Commission shall serve without pay, but may receive
            reimbursement for any reasonable and necessary expenses
            incurred by reason of service on the Consensus Commission.
        (b) Executive Director.--The Consensus Commission shall have an
    Executive Director who shall be appointed by the Chair with the consent
    of the Consensus Commission. The Executive Director shall be paid at a
    rate determined by the Consensus Commission, except that such rate may
    not exceed the highest rate of pay payable for level EG-16 of the
    Educational Service of the District of Columbia.
        (c) Staff.--With the approval of the Chair and the Authority, the
    Executive Director may appoint and fix the pay of additional personnel
    as the Executive Director considers appropriate, except that no
    individual appointed by the Executive Director may be paid at a rate
    greater than the rate of pay for the Executive Director.
        (d) Special Rule.--The Board of Education, or the Authority, shall
    reprogram such funds, as the Chair of the Consensus Commission shall in
    writing request, from amounts available to the Board of Education.

    SEC. 2852. PRIMARY PURPOSE AND FINDINGS.

        (a) Purpose.--The primary purpose of the Consensus Commission is to
    assist in developing a long-term reform plan that has the support of
    the District of Columbia community through the participation of
    representatives of various critical segments of such community in
    helping to develop and approve the plan.
        (b) Findings.--The Congress finds that--
                (1) experience has shown that the failure of the District
            of Columbia educational system has been due more to the failure
            to implement a plan than the failure to develop a plan;
                (2) national studies indicate that 50 percent of secondary
            school graduates lack basic literacy skills, and over 30
            percent of the 7th grade students in the District of Columbia
            public schools drop out of school before graduating;
                (3) standard student assessments indicate only average
            performance for grade level and fail to identify individual
            students who lack basic skills, allowing too many students to
            graduate lacking these basic skills and diminishing the worth
            of a diploma;
                (4) experience has shown that successful schools have good
            community, parent, and business involvement;
                (5) experience has shown that reducing dropout rates in the
            critical middle and secondary school years requires individual
            student involvement and attention through such activities as
            arts or athletics; and
                (6) experience has shown that close coordination between
            educators and business persons is required to provide
            noncollege-bound students the skills necessary for employment,
            and that personal attention is vitally important to assist each
            student in developing an appropriate career path.

    SEC. 2853. DUTIES AND POWERS OF THE CONSENSUS COMMISSION.

        (a) Primary Responsibility.--The Board of Education and the
    Superintendent shall have primary responsibility for developing and
    implementing the long-term reform plan for education in the District of
    Columbia.
        (b) Duties.--The Consensus Commission shall--
                (1) identify any obstacles to implementation of the long-
            term reform plan and suggest ways to remove such obstacles;
                (2) assist in developing programs that--
                        (A) ensure every student in a District of Columbia
                    public school achieves basic literacy skills;
                        (B) ensure every such student possesses the
                    knowledge and skills necessary to think critically and
                    communicate effectively by the completion of grade 8;
                    and
                        (C) lower the dropout rate in the District of
                    Columbia public schools;
                (3) assist in developing districtwide assessments,
            including individual assessments, that identify District of
            Columbia public school students who lack basic literacy skills,
            with particular attention being given to grade 4 and the middle
            school years, and establish procedures to ensure that a teacher
            is made accountable for the performance of every such student
            in such teacher's class;
                (4) make recommendations to improve community, parent, and
            business involvement in District of Columbia public schools and
            public charter schools;
                (5) assess opportunities in the District of Columbia to
            increase individual student involvement and attention through
            such activities as arts or athletics, and make recommendations
            on how to increase such involvement; and
                (6) assist in the establishment of procedures that ensure
            every District of Columbia public school student is provided
            the skills necessary for employment, including the development
            of individual career paths.
        (c) Powers.--The Consensus Commission shall have the following
    powers:
                (1) To monitor and comment on the development and
            implementation of the long-term reform plan.
                (2) To exercise its authority, as provided in this
            subtitle, as necessary to facilitate implementation of the
            long-term reform plan.
                (3) To review and comment on the budgets of the Board of
            Education, the District of Columbia public schools and public
            charter schools.
                (4) To recommend rules concerning the management and
            direction of the Board of Education that address obstacles to
            the development or implementation of the long-term reform plan.
                (5) To review and comment on the core curriculum for
            kindergarten through grade 12 developed under subtitle D.
                (6) To review and comment on a core curriculum for
            prekindergarten, vocational and technical training, and adult
            education.
                (7) To review and comment on all other educational programs
            carried out by the Board of Education and public charter
            schools.
                (8) To review and comment on the districtwide assessments
            for measuring student achievement in the core curriculum
            developed under subtitle D.
                (9) To review and comment on the model professional
            development programs for teachers using the core curriculum
            developed under subtitle D.
        (d) Limitations.--
                (1) In general.--Except as otherwise provided in this
            subtitle, the Consensus Commission shall have no powers to
            involve itself in the management or operation of the Board of
            Education with respect to the implementation of the long-term
            reform plan.
                (2) Special rule.--If the Consensus Commission determines
            that the Board of Education has failed to take an action
            necessary to develop or implement the long-term reform plan or
            that the Board of Education is unable to do so, the Consensus
            Commission shall request the Authority to take appropriate
            action, and the Authority shall take such action as the
            Authority deems appropriate, to develop or implement, as the
            case may be, the long-term reform plan.

    SEC. 2854. IMPROVING ORDER AND DISCIPLINE.

        (a) Community Service Requirement for Suspended Students.--
                (1) In general.--Any student suspended from classes at a
            District of Columbia public school who is required to serve the
            suspension outside the school shall perform community service
            for the period of suspension. The community service required by
            this subsection shall be subject to rules and regulations
            promulgated by the Mayor.
                (2) Effective date.--This subsection shall take effect on
            the first day of the 1996-1997 academic year.
        (b) Expiration Date.--This section, and sections 2101(b)(1)(K) and
    2851(a)(2)(H), shall cease to be effective on the last day of the 1997-
    1998 academic year.
        (c) Report.--The Consensus Commission shall study the effectiveness
    of the policies implemented pursuant to this section in improving order
    and discipline in District of Columbia public schools and report its
    findings to the appropriate congressional committees not later than 60
    days prior to the last day of the 1997-1998 academic year.

    SEC. 2855. EDUCATIONAL PERFORMANCE AUDITS.

        (a) In General.--The Consensus Commission may examine and request
    the Inspector General of the District of Columbia or the Authority to
    audit the records of the Board of Education to ensure, monitor, and
    evaluate the performance of the Board of Education with respect to
    compliance with the long-term reform plan and such plan's overall
    educational achievement. The Consensus Commission shall conduct an
    annual review of the educational performance of the Board of Education
    with respect to meeting the goals of such plan for such year. The Board
    of Education shall cooperate and assist in the review or audit as
    requested by the Consensus Commission.
        (b) Audit.--The Consensus Commission may examine and request the
    Inspector General of the District of Columbia or the Authority to audit
    the records of any public charter school to assure, monitor, and
    evaluate the performance of the public charter school with respect to
    the content standards and districtwide assessments described in section
    2411(b). The Consensus Commission shall receive a copy of each public
    charter school's annual report.

    SEC. 2856. INVESTIGATIVE POWERS.

        The Consensus Commission may investigate any action or activity
    which may hinder the progress of any part of the long-term reform plan.
    The Board of Education shall cooperate and assist the Consensus
    Commission in any investigation. Reports of the findings of any such
    investigation shall be provided to the Board of Education, the
    Superintendent, the Mayor, the District of Columbia Council, the
    Authority, and the appropriate congressional committees.

    SEC. 2857. RECOMMENDATIONS OF THE CONSENSUS COMMISSION.

        (a) In General.--The Consensus Commission may at any time submit
    recommendations to the Board of Education, the Mayor, the District of
    Columbia Council, the Authority, the Board of Trustees of any public
    charter school and the Congress with respect to actions the District of
    Columbia Government or the Federal Government should take to ensure
    implementation of the long-term reform plan.
        (b) Authority Actions.--Pursuant to the District of Columbia
    Financial Responsibility and Management Assistance Act of 1995 or upon
    the recommendation of the Consensus Commission, the Authority may take
    whatever actions the Authority deems necessary to ensure the
    implementation of the long-term reform plan.

    SEC. 2858. EXPIRATION DATE.

        Except as otherwise provided in this subtitle, this subtitle shall
    be effective during the period beginning on the date of enactment of
    this Act and ending 7 years after such date.

          Subtitle M--Parent Attendance at Parent-Teacher Conferences

    SEC. 2901. POLICY.

        Notwithstanding any other provision of law, the Mayor is authorized
    to develop and implement a policy encouraging all residents of the
    District of Columbia with children attending a District of Columbia
    public school to attend and participate in at least one parent-teacher
    conference every 90 days during the academic year.
        (c) Such amounts as may be necessary for programs, projects or
    activities provided for in the Department of the Interior and Related
    Agencies Appropriations Act, 1996 at a rate of operations and to the
    extent and in the manner provided as follows, to be effective as if it
    had been enacted into law as the regular appropriations Act:

                                     AN ACT

        Making appropriations for the Department of the Interior and
    related agencies for the fiscal year ending September 30, 1996, and for
    other purposes.

                      TITLE I--DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                       management of lands and resources

        For expenses necessary for protection, use, improvement,
    development, disposal, cadastral surveying, classification, acquisition
    of easements and other interests in lands, and performance of other
    functions, including maintenance of facilities, as authorized by law,
    in the management of lands and their resources under the jurisdiction
    of the Bureau of Land Management, including the general administration
    of the Bureau, and assessment of mineral potential of public lands
    pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $567,753,000, to
    remain available until expended, of which $2,000,000 shall be available
    for assessment of the mineral potential of public lands in Alaska
    pursuant to section 1010 of Public Law 96-487 (16 U.S.C. 3150), and of
    which $4,000,000 shall be derived from the special receipt account
    established by section 4 of the Land and Water Conservation Fund Act of
    1965, as amended (16 U.S.C. 460l-6a(i)): Provided, That appropriations
    herein made shall not be available for the destruction of healthy,
    unadopted, wild horses and burros in the care of the Bureau or its
    contractors; and in addition, $27,650,000 for Mining Law Administration
    program operations, to remain available until expended, to be reduced
    by amounts collected by the Bureau of Land Management and credited to
    this appropriation from annual mining claim fees so as to result in a
    final appropriation estimated at not more than $567,753,000: Provided
    further, That in addition to funds otherwise available, and to remain
    available until expended, not to exceed $5,000,000 from annual mining
    claim fees shall be credited to this account for the costs of
    administering the mining claim fee program, and $2,000,000 from
    communication site rental fees established by the Bureau.

                            wildland fire management

        For necessary expenses for fire use and management, fire
    preparedness, emergency presuppression, suppression operations,
    emergency rehabilitation, and renovation or construction of fire
    facilities in the Department of the Interior, $235,924,000, to remain
    available until expended, of which not to exceed $5,025,000, shall be
    available for the renovation or construction of fire facilities:
    Provided, That notwithstanding any other provision of law, persons
    hired pursuant to 43 U.S.C. 1469 may be furnished subsistence and
    lodging without cost from funds available from this appropriation:
    Provided further, That such funds are also available for repayment of
    advances to other appropriation accounts from which funds were
    previously transferred for such purposes: Provided further, That
    unobligated balances of amounts previously appropriated to the Fire
    Protection and Emergency Department of the Interior Firefighting Fund
    may be transferred or merged with this appropriation.

                        central hazardous materials fund

        For expenses necessary for use by the Department of the Interior
    and any of its component offices and bureaus for the remedial action,
    including associated activities, of hazardous waste substances,
    pollutants, or contaminants pursuant to the Comprehensive Environmental
    Response, Compensation and Liability Act, as amended (42 U.S.C. 9601 et
    seq.), $10,000,000, to remain available until expended: Provided, That,
    notwithstanding 31 U.S.C. 3302, sums recovered from or paid by a party
    in advance of or as reimbursement for remedial action or response
    activities conducted by the Department pursuant to sections 107 or
    113(f) of the Comprehensive Environmental Response, Compensation and
    Liability Act, as amended (42 U.S.C. 9607 or 9613(f)), shall be
    credited to this account and shall be available without further
    appropriation and shall remain available until expended: Provided
    further, That such sums recovered from or paid by any party are not
    limited to monetary payments and may include stocks, bonds or other
    personal or real property, which may be retained, liquidated, or
    otherwise disposed of by the Secretary of the Interior and which shall
    be credited to this account.

                            construction and access

        For acquisition of lands and interests therein, and construction of
    buildings, recreation facilities, roads, trails, and appurtenant
    facilities, $3,115,000, to remain available until expended.

                           payments in lieu of taxes

        For expenses necessary to implement the Act of October 20, 1976, as
    amended (31 U.S.C. 6901-07), $101,500,000, of which not to exceed
    $400,000 shall be available for administrative expenses.

                                land acquisition

        For expenses necessary to carry out the provisions of sections 205,
    206, and 318(d) of Public Law 94-579 including administrative expenses
    and acquisition of lands or waters, or interests therein, $12,800,000
    to be derived from the Land and Water Conservation Fund, to remain
    available until expended.

                       oregon and california grant lands

        For expenses necessary for management, protection, and development
    of resources and for construction, operation, and maintenance of access
    roads, reforestation, and other improvements on the revested Oregon and
    California Railroad grant lands, on other Federal lands in the Oregon
    and California land-grant counties of Oregon, and on adjacent rights-
    of-way; and acquisition of lands or interests therein including
    existing connecting roads on or adjacent to such grant lands;
    $97,452,000, to remain available until expended: Provided, That 25 per
    centum of the aggregate of all receipts during the current fiscal year
    from the revested Oregon and California Railroad grant lands is hereby
    made a charge against the Oregon and California land-grant fund and
    shall be transferred to the General Fund in the Treasury in accordance
    with the provisions of the second paragraph of subsection (b) of title
    II of the Act of August 28, 1937 (50 Stat. 876).

                               range improvements

        For rehabilitation, protection, and acquisition of lands and
    interests therein, and improvement of Federal rangelands pursuant to
    section 401 of the Federal Land Policy and Management Act of 1976 (43
    U.S.C. 1701), notwithstanding any other Act, sums equal to 50 per
    centum of all moneys received during the prior fiscal year under
    sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and
    the amount designated for range improvements from grazing fees and
    mineral leasing receipts from Bankhead-Jones lands transferred to the
    Department of the Interior pursuant to law, but not less than
    $9,113,000, to remain available until expended: Provided, That not to
    exceed $600,000 shall be available for administrative expenses.

                   service charges, deposits, and forfeitures

        For administrative expenses and other costs related to processing
    application documents and other authorizations for use and disposal of
    public lands and resources, for costs of providing copies of official
    public land documents, for monitoring construction, operation, and
    termination of facilities in conjunction with use authorizations, and
    for rehabilitation of damaged property, such amounts as may be
    collected under sections 209(b), 304(a), 304(b), 305(a), and 504(g) of
    the Act approved October 21, 1976 (43 U.S.C. 1701), and sections 101
    and 203 of Public Law 93-153, to be immediately available until
    expended: Provided, That notwithstanding any provision to the contrary
    of section 305(a) of the Act of October 21, 1976 (43 U.S.C. 1735(a)),
    any moneys that have been or will be received pursuant to that section,
    whether as a result of forfeiture, compromise, or settlement, if not
    appropriate for refund pursuant to section 305(c) of that Act (43
    U.S.C. 1735(c)), shall be available and may be expended under the
    authority of this or subsequent appropriations Acts by the Secretary to
    improve, protect, or rehabilitate any public lands administered through
    the Bureau of Land Management which have been damaged by the action of
    a resource developer, purchaser, permittee, or any unauthorized person,
    without regard to whether all moneys collected from each such
    forfeiture, compromise, or settlement are used on the exact lands
    damage to which led to the forfeiture, compromise, or settlement:
    Provided further, That such moneys are in excess of amounts needed to
    repair damage to the exact land for which collected.

                           miscellaneous trust funds

        In addition to amounts authorized to be expended under existing
    law, there is hereby appropriated such amounts as may be contributed
    under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
    such amounts as may be advanced for administrative costs, surveys,
    appraisals, and costs of making conveyances of omitted lands under
    section 211(b) of that Act, to remain available until expended.

                           administrative provisions

        Appropriations for the Bureau of Land Management shall be available
    for purchase, erection, and dismantlement of temporary structures, and
    alteration and maintenance of necessary buildings and appurtenant
    facilities to which the United States has title; up to $100,000 for
    payments, at the discretion of the Secretary, for information or
    evidence concerning violations of laws administered by the Bureau of
    Land Management; miscellaneous and emergency expenses of enforcement
    activities authorized or approved by the Secretary and to be accounted
    for solely on his certificate, not to exceed $10,000: Provided, That
    notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
    sharing and partnership arrangements authorized by law, procure
    printing services from cooperators in connection with jointly-produced
    publications for which the cooperators share the cost of printing
    either in cash or in services, and the Bureau determines the cooperator
    is capable of meeting accepted quality standards.

                    United States Fish and Wildlife Service

                              resource management

        For expenses necessary for scientific and economic studies,
    conservation, management, investigations, protection, and utilization
    of fishery and wildlife resources, except whales, seals, and sea lions,
    and for the performance of other authorized functions related to such
    resources; for the general administration of the United States Fish and
    Wildlife Service; and for maintenance of the herd of long-horned cattle
    on the Wichita Mountains Wildlife Refuge; and not less than $1,000,000
    for high priority projects within the scope of the approved budget
    which shall be carried out by the Youth Conservation Corps as
    authorized by the Act of August 13, 1970, as amended by Public Law 93-
    408, $499,100,000, to remain available for obligation until September
    30, 1997, of which $2,000,000 shall be available for activities under
    section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), of
    which $11,557,000 shall be available until expended for operation and
    maintenance of fishery mitigation facilities constructed by the Corps
    of Engineers under the Lower Snake River Compensation Plan, authorized
    by the Water Resources Development Act of 1976 (90 Stat. 2921), to
    compensate for loss of fishery resources from water development
    projects on the Lower Snake River: Provided, That unobligated and
    unexpended balances in the Resource Management account at the end of
    fiscal year 1995, shall be merged with and made a part of the fiscal
    year 1996 Resource Management appropriation, and shall remain available
    for obligation until September 30, 1997: Provided further, That no
    monies appropriated under this Act or any other law shall be used by
    the Secretary of the Interior to issue final determinations under
    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
    Endangered Species Act, and may be used to issue emergency listings
    under section 4(b)(7) of the Endangered Species Act.

                                  construction

        For construction and acquisition of buildings and other facilities
    required in the conservation, management, investigation, protection,
    and utilization of fishery and wildlife resources, and the acquisition
    of lands and interests therein; $37,655,000, to remain available until
    expended.

                    natural resource damage assessment fund

        To conduct natural resource damage assessment activities by the
    Department of the Interior necessary to carry out the provisions of the
    Comprehensive Environmental Response, Compensation, and Liability Act,
    as amended (42 U.S.C. 9601, et seq.), Federal Water Pollution Control
    Act, as amended (33 U.S.C. 1251, et seq.), the Oil Pollution Act of
    1990 (Public Law 101-380), and the Act of July 27, 1990 (Public Law
    101-337); $4,000,000, to remain available until expended: Provided,
    That sums provided by any party in fiscal year 1996 and thereafter are
    not limited to monetary payments and may include stocks, bonds or other
    personal or real property, which may be retained, liquidated or
    otherwise disposed of by the Secretary and such sums or properties
    shall be utilized for the restoration of injured resources, and to
    conduct new damage assessment activities.

                                land acquisition

        For expenses necessary to carry out the provisions of the Land and
    Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11),
    including administrative expenses, and for acquisition of land or
    waters, or interest therein, in accordance with statutory authority
    applicable to the United States Fish and Wildlife Service, $36,900,000,
    to be derived from the Land and Water Conservation Fund, to remain
    available until expended.

                cooperative endangered species conservation fund

        For expenses necessary to carry out the provisions of the
    Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as amended by
    Public Law 100-478, $8,085,000 for grants to States, to be derived from
    the Cooperative Endangered Species Conservation Fund, and to remain
    available until expended.

                         national wildlife refuge fund

        For expenses necessary to implement the Act of October 17, 1978 (16
    U.S.C. 715s), $10,779,000.

                             rewards and operations

        For expenses necessary to carry out the provisions of the African
    Elephant Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225,
    4241-4245, and 1538), $600,000, to remain available until expended.

                   north american wetlands conservation fund

        For expenses necessary to carry out the provisions of the North
    American Wetlands Conservation Act, Public Law 101-233, $6,750,000, to
    remain available until expended.

            lahontan valley and pyramid lake fish and wildlife fund

        For carrying out section 206(f) of Public Law 101-618, such sums as
    have previously been credited or may be credited hereafter to the
    Lahontan Valley and Pyramid Lake Fish and Wildlife Fund, to be
    available until expended without further appropriation.

                     rhinoceros and tiger conservation fund

        For deposit to the Rhinoceros and Tiger Conservation Fund,
    $200,000, to remain available until expended, to be available to carry
    out the provisions of the Rhinoceros and Tiger Conservation Act of 1994
    (Public Law 103-391).

                  wildlife conservation and appreciation fund

        For deposit to the Wildlife Conservation and Appreciation Fund,
    $800,000, to remain available until expended.

                           administrative provisions

        Appropriations and funds available to the United States Fish and
    Wildlife Service shall be available for purchase of not to exceed 113
    passenger motor vehicles; not to exceed $400,000 for payment, at the
    discretion of the Secretary, for information, rewards, or evidence
    concerning violations of laws administered by the United States Fish
    and Wildlife Service, and miscellaneous and emergency expenses of
    enforcement activities, authorized or approved by the Secretary and to
    be accounted for solely on his certificate; repair of damage to public
    roads within and adjacent to reservation areas caused by operations of
    the United States Fish and Wildlife Service; options for the purchase
    of land at not to exceed $1 for each option; facilities incident to
    such public recreational uses on conservation areas as are consistent
    with their primary purpose; and the maintenance and improvement of
    aquaria, buildings, and other facilities under the jurisdiction of the
    United States Fish and Wildlife Service and to which the United States
    has title, and which are utilized pursuant to law in connection with
    management and investigation of fish and wildlife resources: Provided,
    That notwithstanding 44 U.S.C. 501, the Service may, under cooperative
    cost sharing and partnership arrangements authorized by law, procure
    printing services from cooperators in connection with jointly-produced
    publications for which the cooperators share at least one-half the cost
    of printing either in cash or services and the Service determines the
    cooperator is capable of meeting accepted quality standards: Provided
    further, That the United States Fish and Wildlife Service may accept
    donated aircraft as replacements for existing aircraft: Provided
    further, That notwithstanding any other provision of law, the Secretary
    of the Interior may not spend any of the funds appropriated in this Act
    for the purchase of lands or interests in lands to be used in the
    establishment of any new unit of the National Wildlife Refuge System
    unless the purchase is approved in advance by the House and Senate
    Committees on Appropriations in compliance with the reprogramming
    procedures contained in House Report 103-551: Provided further, That
    none of the funds made available in this Act may be used by the U. S.
    Fish and Wildlife Service to impede or delay the issuance of a wetlands
    permit by the U. S. Army Corps of Engineers to the City of Lake
    Jackson, Texas, for the development of a public golf course west of
    Buffalo Camp Bayou between the Brazos River and Highway 332: Provided
    further, That the Director of the Fish and Wildlife Service may charge
    reasonable fees for expenses to the Federal Government for providing
    training by the National Education and Training Center: Provided
    further, That all training fees collected shall be available to the
    Director, until expended, without further appropriation, to be used for
    the costs of training and education provided by the National Education
    and Training Center: Provided further, That with respect to lands
    leased for farming pursuant to Public Law 88-567, if for any reason the
    Secretary disapproves for use in 1996 or does not finally approve for
    use in 1996 any pesticide or chemical which was approved for use in
    1995 or had been requested for use in 1996 by the submission of a
    pesticide use proposal as of September 19, 1995, none of the funds in
    this Act may be used to develop, implement, or enforce regulations or
    policies (including pesticide use proposals) related to the use of
    chemicals and pest management that are more restrictive than the
    requirements of applicable State and Federal laws related to the use of
    chemicals and pest management practices on non-Federal lands.

                             National Park Service

                     operation of the national park system

        For expenses necessary for the management, operation, and
    maintenance of areas and facilities administered by the National Park
    Service (including special road maintenance service to trucking
    permittees on a reimbursable basis), and for the general administration
    of the National Park Service, including not to exceed $1,593,000 for
    the Volunteers-in-Parks program, and not less than $1,000,000 for high
    priority projects within the scope of the approved budget which shall
    be carried out by the Youth Conservation Corps as authorized by the Act
    of August 13, 1970, as amended by Public Law 93-408, $1,084,755,000,
    without regard to the Act of August 24, 1912, as amended (16 U.S.C.
    451), of which not to exceed $72,000,000, to remain available until
    expended is to be derived from the special fee account established
    pursuant to title V, section 5201, of Public Law 100-203.

                      national recreation and preservation

        For expenses necessary to carry out recreation programs, natural
    programs, cultural programs, environmental compliance and review,
    international park affairs, statutory or contractual aid for other
    activities, and grant administration, not otherwise provided for,
    $37,649,000: Provided, That $236,000 of the funds provided herein are
    for the William O. Douglas Outdoor Education Center, subject to
    authorization.

                           historic preservation fund

        For expenses necessary in carrying out the provisions of the
    Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C.
    470), $36,212,000, to be derived from the Historic Preservation Fund,
    established by section 108 of that Act, as amended, to remain available
    for obligation until September 30, 1997.

                                  construction

        For construction, improvements, repair or replacement of physical
    facilities, $143,225,000, to remain available until expended: Provided,
    That not to exceed $4,500,000 of the funds provided herein shall be
    paid to the Army Corps of Engineers for modifications authorized by
    section 104 of the Everglades National Park Protection and Expansion
    Act of 1989: Provided further, That funds provided under this head,
    derived from the Historic Preservation Fund, established by the
    Historic Preservation Act of 1966 (80 Stat. 915), as amended (16 U.S.C.
    470), may be available until expended to render sites safe for visitors
    and for building stabilization.

                        land and water conservation fund

                                  (rescission)

        The contract authority provided for fiscal year 1996 by 16 U.S.C.
    460l-10a is rescinded.

                     land acquisition and state assistance

        For expenses necessary to carry out the provisions of the Land and
    Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11),
    including administrative expenses, and for acquisition of lands or
    waters, or interest therein, in accordance with statutory authority
    applicable to the National Park Service, $49,100,000, to be derived
    from the Land and Water Conservation Fund, to remain available until
    expended, and of which $1,500,000 is to administer the State assistance
    program: Provided,  That any funds made available for the purpose of
    acquisition of the Elwha and Glines dams shall be used solely for
    acquisition, and shall not be expended until the full purchase amount
    has been appropriated by the Congress.

                           administrative provisions

        Appropriations for the National Park Service shall be available for
    the purchase of not to exceed 518 passenger motor vehicles, of which
    323 shall be for replacement only, including not to exceed 411 for
    police-type use, 12 buses, and 5 ambulances: Provided, That none of the
    funds appropriated to the National Park Service may be used to process
    any grant or contract documents which do not include the text of 18
    U.S.C. 1913: Provided further, That none of the funds appropriated to
    the National Park Service may be used to implement an agreement for the
    redevelopment of the southern end of Ellis Island until such agreement
    has been submitted to the Congress and shall not be implemented prior
    to the expiration of 30 calendar days (not including any day in which
    either House of Congress is not in session because of adjournment of
    more than three calendar days to a day certain) from the receipt by the
    Speaker of the House of Representatives and the President of the Senate
    of a full and comprehensive report on the development of the southern
    end of Ellis Island, including the facts and circumstances relied upon
    in support of the proposed project.
        None of the funds in this Act may be spent by the National Park
    Service for activities taken in direct response to the United Nations
    Biodiversity Convention.
        The National Park Service may enter into cooperative agreements
    that involve the transfer of National Park Service appropriated funds
    to State, local and tribal governments, other public entities,
    educational institutions, and private nonprofit organizations for the
    public purpose of carrying out National Park Service programs.
        The National Park Service shall, within existing funds, conduct a
    Feasibility Study for a northern access route into Denali National Park
    and Preserve in Alaska, to be completed within one year of the
    enactment of this Act and submitted to the House and Senate Committees
    on Appropriations and to the Senate Committee on Energy and Natural
    Resources and the House Committee on Resources. The Feasibility Study
    shall ensure that resource impacts from any plan to create such access
    route are evaluated with accurate information and according to a
    process that takes into consideration park values, visitor needs, a
    full range of alternatives, the viewpoints of all interested parties,
    including the tourism industry and the State of Alaska, and potential
    needs for compliance with the National Environmental Policy Act. The
    Study shall also address the time required for development of
    alternatives and identify all associated costs.
        This Feasibility Study shall be conducted solely by the National
    Park Service planning personnel permanently assigned to National Park
    Service offices located in the State of Alaska in consultation with the
    State of Alaska Department of Transportation.

                        United States Geological Survey

                     surveys, investigations, and research

        For expenses necessary for the United States Geological Survey to
    perform surveys, investigations, and research covering topography,
    geology, hydrology, and the mineral and water resources of the United
    States, its Territories and possessions, and other areas as authorized
    by law (43 U.S.C. 31, 1332 and 1340); classify lands as to their
    mineral and water resources; give engineering supervision to power
    permittees and Federal Energy Regulatory Commission licensees;
    administer the minerals exploration program (30 U.S.C. 641); and
    publish and disseminate data relative to the foregoing activities; and
    to conduct inquiries into the economic conditions affecting mining and
    materials processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C.
    98g(1)) and related purposes as authorized by law and to publish and
    disseminate data; $730,330,000, of which $62,130,000 shall be available
    for cooperation with States or municipalities for water resources
    investigations, and of which $137,000,000 for resource research and the
    operations of Cooperative Research Units shall remain available until
    September 30, 1997, and of which $16,000,000 shall remain available
    until expended for conducting inquiries into the economic conditions
    affecting mining and materials processing industries: Provided, That no
    part of this appropriation shall be used to pay more than one-half the
    cost of any topographic mapping or water resources investigations
    carried on in cooperation with any State or municipality: Provided
    further, That funds available herein for resource research may be used
    for the purchase of not to exceed 61 passenger motor vehicles, of which
    55 are for replacement only: Provided further, That none of the funds
    available under this head for resource research shall be used to
    conduct new surveys on private property, including new aerial surveys
    for the designation of habitat under the Endangered Species Act, except
    when it is made known to the Federal official having authority to
    obligate or expend such funds that the survey or research has been
    requested and authorized in writing by the property owner or the
    owner's authorized representative: Provided further, That none of the
    funds provided herein for resource research may be used to administer a
    volunteer program when it is made known to the Federal official having
    authority to obligate or expend such funds that the volunteers are not
    properly trained or that information gathered by the volunteers is not
    carefully verified: Provided further, That no later than April 1, 1996,
    the Director of the United States Geological Survey shall issue agency
    guidelines for resource research that ensure that scientific and
    technical peer review is utilized as fully as possible in selection of
    projects for funding and ensure the validity and reliability of
    research and data collection on Federal lands: Provided further, That
    no funds available for resource research may be used for any activity
    that was not authorized prior to the establishment of the National
    Biological Survey: Provided further, That once every five years the
    National Academy of Sciences shall review and report on the resource
    research activities of the Survey: Provided further, That if specific
    authorizing legislation is enacted during or before the start of fiscal
    year 1996, the resource research component of the Survey should comply
    with the provisions of that legislation: Provided further, That
    unobligated and unexpended balances in the National Biological Survey,
    Research, inventories and surveys account at the end of fiscal year
    1995, shall be merged with and made a part of the United States
    Geological Survey, Surveys, investigations, and research account and
    shall remain available for obligation until September 30, 1996:
    Provided further, That the authority granted to the United States
    Bureau of Mines to conduct mineral surveys and to determine mineral
    values by section 603 of Public Law 94-579 is hereby transferred to,
    and vested in, the Director of the United States Geological Survey.

                           administrative provisions

        The amount appropriated for the United States Geological Survey
    shall be available for purchase of not to exceed 22 passenger motor
    vehicles, for replacement only; reimbursement to the General Services
    Administration for security guard services; contracting for the
    furnishing of topographic maps and for the making of geophysical or
    other specialized surveys when it is administratively determined that
    such procedures are in the public interest; construction and
    maintenance of necessary buildings and appurtenant facilities;
    acquisition of lands for gauging stations and observation wells;
    expenses of the United States National Committee on Geology; and
    payment of compensation and expenses of persons on the rolls of the
    United States Geological Survey appointed, as authorized by law, to
    represent the United States in the negotiation and administration of
    interstate compacts: Provided, That activities funded by appropriations
    herein made may be accomplished through the use of contracts, grants,
    or cooperative agreements as defined in 31 U.S.C. 6302, et seq.

                          Minerals Management Service

                    royalty and offshore minerals management

        For expenses necessary for minerals leasing and environmental
    studies, regulation of industry operations, and collection of
    royalties, as authorized by law; for enforcing laws and regulations
    applicable to oil, gas, and other minerals leases, permits, licenses
    and operating contracts; and for matching grants or cooperative
    agreements; including the purchase of not to exceed eight passenger
    motor vehicles for replacement only; $182,771,000, of which not less
    than $70,105,000 shall be available for royalty management activities;
    and an amount not to exceed $15,400,000 for the Technical Information
    Management System and Related Activities of the Outer Continental Shelf
    (OCS) Lands Activity, to be credited to this appropriation and to
    remain available until expended, from additions to receipts resulting
    from increases to rates in effect on August 5, 1993, from rate
    increases to fee collections for OCS administrative activities
    performed by the Minerals Management Service over and above the rates
    in effect on September 30, 1993, and from additional fees for OCS
    administrative activities established after September 30, 1993:
    Provided, That beginning in fiscal year 1996 and thereafter, fees for
    royalty rate relief applications shall be established (and revised as
    needed) in Notices to Lessees, and shall be credited to this account in
    the program areas performing the function, and remain available until
    expended for the costs of administering the royalty rate relief
    authorized by 43 U.S.C. 1337(a)(3): Provided further, That $1,500,000
    for computer acquisitions shall remain available until September 30,
    1997: Provided further, That funds appropriated under this Act shall be
    available for the payment of interest in accordance with 30 U.S.C. 1721
    (b) and (d): Provided further, That not to exceed $3,000 shall be
    available for reasonable expenses related to promoting volunteer beach
    and marine cleanup activities: Provided further, That notwithstanding
    any other provision of law, $15,000 under this head shall be available
    for refunds of overpayments in connection with certain Indian leases in
    which the Director of the Minerals Management Service concurred with
    the claimed refund due, to pay amounts owed to Indian allottees or
    Tribes, or to correct prior unrecoverable erroneous payments: Provided
    further, That beginning in fiscal year 1996 and thereafter, the
    Secretary shall take appropriate action to collect unpaid and underpaid
    royalties and late payment interest owed by Federal and Indian mineral
    lessees and other royalty payors on amounts received in settlement or
    other resolution of disputes under, and for partial or complete
    termination of, sales agreements for minerals from Federal and Indian
    leases.

                               oil spill research

        For necessary expenses to carry out the purposes of title I,
    section 1016, title IV, sections 4202 and 4303, title VII, and title
    VIII, section 8201 of the Oil Pollution Act of 1990, $6,440,000, which
    shall be derived from the Oil Spill Liability Trust Fund, to remain
    available until expended.

                                Bureau of Mines

                               mines and minerals

        For expenses necessary for, and incidental to, the closure of the
    United States Bureau of Mines, $64,000,000, to remain available until
    expended, of which not to exceed $5,000,000 may be used for the
    completion and/or transfer of certain ongoing projects within the
    United States Bureau of Mines, such projects to be identified by the
    Secretary of the Interior within 90 days of enactment of this Act:
    Provided, That there hereby are transferred to, and vested in, the
    Secretary of Energy: (1) the functions pertaining to the promotion of
    health and safety in mines and the mineral industry through research
    vested by law in the Secretary of the Interior or the United States
    Bureau of Mines and performed in fiscal year 1995 by the United States
    Bureau of Mines at its Pittsburgh Research Center in Pennsylvania, and
    at its Spokane Research Center in Washington; (2) the functions
    pertaining to the conduct of inquiries, technological investigations
    and research concerning the extraction, processing, use and disposal of
    mineral substances vested by law in the Secretary of the Interior or
    the United States Bureau of Mines and performed in fiscal year 1995 by
    the United States Bureau of Mines under the minerals and materials
    science programs at its Pittsburgh Research Center in Pennsylvania, and
    at its Albany Research Center in Oregon; and (3) the functions
    pertaining to mineral reclamation industries and the development of
    methods for the disposal, control, prevention, and reclamation of
    mineral waste products vested by law in the Secretary of the Interior
    or the United States Bureau of Mines and performed in fiscal year 1995
    by the United States Bureau of Mines at its Pittsburgh Research Center
    in Pennsylvania: Provided further, That, if any of the same functions
    were performed in fiscal year 1995 at locations other than those listed
    above, such functions shall not be transferred to the Secretary of
    Energy from those other locations: Provided further, That the Director
    of the Office of Management and Budget, in consultation with the
    Secretary of Energy and the Secretary of the Interior, is authorized to
    make such determinations as may be necessary with regard to the
    transfer of functions which relate to or are used by the Department of
    the Interior, or component thereof affected by this transfer of
    functions, and to make such dispositions of personnel, facilities,
    assets, liabilities, contracts, property, records, and unexpended
    balances of appropriations, authorizations, allocations, and other
    funds held, used, arising from, available to or to be made available in
    connection with, the functions transferred herein as are deemed
    necessary to accomplish the purposes of this transfer: Provided
    further, That all reductions in personnel complements resulting from
    the provisions of this Act shall, as to the functions transferred to
    the Secretary of Energy, be done by the Secretary of the Interior as
    though these transfers had not taken place but had been required of the
    Department of the Interior by all other provisions of this Act before
    the transfers of function became effective: Provided further, That the
    transfers of function to the Secretary of Energy shall become effective
    on the date specified by the Director of the Office of Management and
    Budget, but in no event later than 90 days after enactment into law of
    this Act: Provided further, That the reference to ``function''
    includes, but is not limited to, any duty, obligation, power,
    authority, responsibility, right, privilege, and activity, or the
    plural thereof, as the case may be.

                           administrative provisions

        The Secretary is authorized to accept lands, buildings, equipment,
    other contributions, and fees from public and private sources, and to
    prosecute projects using such contributions and fees in cooperation
    with other Federal, State or private agencies: Provided, That the
    Bureau of Mines is authorized, during the current fiscal year, to sell
    directly or through any Government agency, including corporations, any
    metal or mineral products that may be manufactured in pilot plants
    operated by the Bureau of Mines, and the proceeds of such sales shall
    be covered into the Treasury as miscellaneous receipts: Provided
    further, That notwithstanding any other provision of law, the Secretary
    is authorized to convey, without reimbursement, title and all interest
    of the United States in property and facilities of the United States
    Bureau of Mines in Juneau, Alaska, to the City and Borough of Juneau,
    Alaska; in Tuscaloosa, Alabama, to the University of Alabama; in Rolla,
    Missouri, to the University of Missouri-Rolla; and in other localities
    to such university or government entities as the Secretary deems
    appropriate.

              Office of Surface Mining Reclamation and Enforcement

                           regulation and technology

        For necessary expenses to carry out the provisions of the Surface
    Mining Control and Reclamation Act of 1977, Public Law 95-87, as
    amended, including the purchase of not to exceed 15 passenger motor
    vehicles for replacement only; $95,470,000, and notwithstanding 31
    U.S.C. 3302, an additional amount shall be credited to this account, to
    remain available until expended, from performance bond forfeitures in
    fiscal year 1996: Provided, That notwithstanding any other provision of
    law, the Secretary of the Interior, pursuant to regulations, may
    utilize directly or through grants to States, moneys collected in
    fiscal year 1996 pursuant to the assessment of civil penalties under
    section 518 of the Surface Mining Control and Reclamation Act of 1977
    (30 U.S.C. 1268), to reclaim lands adversely affected by coal mining
    practices after August 3, 1977, to remain available until expended:
    Provided further, That notwithstanding any other provision of law,
    appropriations for the Office of Surface Mining Reclamation and
    Enforcement may provide for the travel and per diem expenses of State
    and tribal personnel attending Office of Surface Mining Reclamation and
    Enforcement sponsored training.

                        abandoned mine reclamation fund

        For necessary expenses to carry out the provisions of title IV of
    the Surface Mining Control and Reclamation Act of 1977, Public Law 95-
    87, as amended, including the purchase of not more than 22 passenger
    motor vehicles for replacement only, $173,887,000, to be derived from
    receipts of the Abandoned Mine Reclamation Fund and to remain available
    until expended: Provided, That grants to minimum program States will be
    $1,500,000 per State in fiscal year 1996: Provided further, That of the
    funds herein provided up to $18,000,000 may be used for the emergency
    program authorized by section 410 of Public Law 95-87, as amended, of
    which no more than 25 per centum shall be used for emergency
    reclamation projects in any one State and funds for Federally-
    administered emergency reclamation projects under this proviso shall
    not exceed $11,000,000: Provided further, That prior year unobligated
    funds appropriated for the emergency reclamation program shall not be
    subject to the 25 per centum limitation per State and may be used
    without fiscal year limitation for emergency projects: Provided
    further, That pursuant to Public Law 97-365, the Department of the
    Interior is authorized to utilize up to 20 per centum from the recovery
    of the delinquent debt owed to the United States Government to pay for
    contracts to collect these debts: Provided further, That funds made
    available to States under title IV of Public Law 95-87 may be used, at
    their discretion, for any required non-Federal share of the cost of
    projects funded by the Federal Government for the purpose of
    environmental restoration related to treatment or abatement of acid
    mine drainage from abandoned mines: Provided further, That such
    projects must be consistent with the purposes and priorities of the
    Surface Mining Control and Reclamation Act.

                            Bureau of Indian Affairs

                          operation of indian programs

        For operation of Indian programs by direct expenditure, contracts,
    cooperative agreements, compacts, and grants including expenses
    necessary to provide education and welfare services for Indians, either
    directly or in cooperation with States and other organizations,
    including payment of care, tuition, assistance, and other expenses of
    Indians in boarding homes, or institutions, or schools; grants and
    other assistance to needy Indians; maintenance of law and order;
    management, development, improvement, and protection of resources and
    appurtenant facilities under the jurisdiction of the Bureau of Indian
    Affairs, including payment of irrigation assessments and charges;
    acquisition of water rights; advances for Indian industrial and
    business enterprises; operation of Indian arts and crafts shops and
    museums; development of Indian arts and crafts, as authorized by law;
    for the general administration of the Bureau of Indian Affairs,
    including such expenses in field offices; maintaining of Indian
    reservation roads as defined in section 101 of title 23, United States
    Code; and construction, repair, and improvement of Indian housing,
    $1,384,434,000, of which not to exceed $100,255,000 shall be for
    welfare assistance grants and not to exceed $104,626,000 shall be for
    payments to tribes and tribal organizations for contract support costs
    associated with ongoing contracts or grants or compacts entered into
    with the Bureau of Indian Affairs prior to fiscal year 1996, as
    authorized by the Indian Self-Determination Act of 1975, as amended,
    and up to $5,000,000 shall be for the Indian Self-Determination Fund,
    which shall be available for the transitional cost of initial or
    expanded tribal contracts, grants, compacts, or cooperative agreements
    with the Bureau of Indian Affairs under the provisions of the Indian
    Self-Determination Act; and of which not to exceed $330,711,000 for
    school operations costs of Bureau-funded schools and other education
    programs shall become available for obligation on July 1, 1996, and
    shall remain available for obligation until September 30, 1997; and of
    which not to exceed $68,209,000 for higher education scholarships,
    adult vocational training, and assistance to public schools under the
    Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C. 452 et
    seq.), shall remain available for obligation until September 30, 1997;
    and of which not to exceed $71,854,000 shall remain available until
    expended for housing improvement, road maintenance, attorney fees,
    litigation support, self-governance grants, the Indian Self-
    Determination Fund, and the Navajo-Hopi Settlement Program: Provided,
    That tribes and tribal contractors may use their tribal priority
    allocations for unmet indirect costs of ongoing contracts, grants or
    compact agreements: Provided further, That funds made available to
    tribes and tribal organizations through contracts or grants obligated
    during fiscal year 1996, as authorized by the Indian Self-Determination
    Act of 1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), or grants
    authorized by the Indian Education Amendments of 1988 (25 U.S.C. 2001
    and 2008A) shall remain available until expended by the contractor or
    grantee: Provided further, That to provide funding uniformity within a
    Self-Governance Compact, any funds provided in this Act with
    availability for more than one year may be reprogrammed to one year
    availability but shall remain available within the Compact until
    expended: Provided further, That notwithstanding any other provision of
    law, Indian tribal governments may, by appropriate changes in
    eligibility criteria or by other means, change eligibility for general
    assistance or change the amount of general assistance payments for
    individuals within the service area of such tribe who are otherwise
    deemed eligible for general assistance payments so long as such changes
    are applied in a consistent manner to individuals similarly situated:
    Provided further, That any savings realized by such changes shall be
    available for use in meeting other priorities of the tribes: Provided
    further, That any net increase in costs to the Federal Government which
    result solely from tribally increased payment levels for general
    assistance shall be met exclusively from funds available to the tribe
    from within its tribal priority allocation: Provided further, That any
    forestry funds allocated to a tribe which remain unobligated as of
    September 30, 1996, may be transferred during fiscal year 1997 to an
    Indian forest land assistance account established for the benefit of
    such tribe within the tribe's trust fund account: Provided further,
    That any such unobligated balances not so transferred shall expire on
    September 30, 1997: Provided further, That notwithstanding any other
    provision of law, no funds available to the Bureau of Indian Affairs,
    other than the amounts provided herein for assistance to public schools
    under the Act of April 16, 1934 (48 Stat. 596), as amended (25 U.S.C.
    452 et seq.), shall be available to support the operation of any
    elementary or secondary school in the State of Alaska in fiscal year
    1996: Provided further, That funds made available in this or any other
    Act for expenditure through September 30, 1997 for schools funded by
    the Bureau of Indian Affairs shall be available only to the schools
    which are in the Bureau of Indian Affairs school system as of September
    1, 1995: Provided further, That no funds available to the Bureau of
    Indian Affairs shall be used to support expanded grades for any school
    beyond the grade structure in place at each school in the Bureau of
    Indian Affairs school system as of October 1, 1995: Provided further,
    That notwithstanding the provisions of 25 U.S.C. 2011(h)(1)(B) and (c),
    upon the recommendation of a local school board for a Bureau of Indian
    Affairs operated school, the Secretary shall establish rates of basic
    compensation or annual salary rates for the positions of teachers and
    counselors (including dormitory and homeliving counselors) at the
    school at a level not less than that for comparable positions in public
    school districts in the same geographic area, to become effective on
    July 1, 1997: Provided further, That of the funds available only
    through September 30, 1995, not to exceed $8,000,000 in unobligated and
    unexpended balances in the Operation of Indian Programs account shall
    be merged with and made a part of the fiscal year 1996 Operation of
    Indian Programs appropriation, and shall remain available for
    obligation for employee severance, relocation, and related expenses,
    until September 30, 1996.

                                  construction

        For construction, major repair, and improvement of irrigation and
    power systems, buildings, utilities, and other facilities, including
    architectural and engineering services by contract; acquisition of
    lands and interests in lands; and preparation of lands for farming,
    $100,833,000, to remain available until expended: Provided, That such
    amounts as may be available for the construction of the Navajo Indian
    Irrigation Project and for other water resource development activities
    related to the Southern Arizona Water Rights Settlement Act may be
    transferred to the Bureau of Reclamation: Provided further, That not to
    exceed 6 per centum of contract authority available to the Bureau of
    Indian Affairs from the Federal Highway Trust Fund may be used to cover
    the road program management costs of the Bureau of Indian Affairs:
    Provided further, That any funds provided for the Safety of Dams
    program pursuant to 25 U.S.C. 13 shall be made available on a non-
    reimbursable basis: Provided further, That for the fiscal year ending
    September 30, 1996, in implementing new construction or facilities
    improvement and repair project grants in excess of $100,000 that are
    provided to tribally controlled grant schools under Public Law 100-297,
    as amended, the Secretary of the Interior shall use the Administrative
    and Audit Requirements and Cost Principles for Assistance Programs
    contained in 43 CFR part 12 as the regulatory requirements: Provided
    further, That such grants shall not be subject to section 12.61 of 43
    CFR; the Secretary and the grantee shall negotiate and determine a
    schedule of payments for the work to be performed: Provided further,
    That in considering applications, the Secretary shall consider whether
    the Indian tribe or tribal organization would be deficient in assuring
    that the construction projects conform to applicable building standards
    and codes and Federal, tribal, or State health and safety standards as
    required by 25 U.S.C. 2005(a), with respect to organizational and
    financial management capabilities: Provided further, That if the
    Secretary declines an application, the Secretary shall follow the
    requirements contained in 25 U.S.C. 2505(f): Provided further, That any
    disputes between the Secretary and any grantee concerning a grant shall
    be subject to the disputes provision in 25 U.S.C. 2508(e).

     indian land and water claim settlements and miscellaneous payments to
                                    indians

        For miscellaneous payments to Indian tribes and individuals and for
    necessary administrative expenses, $80,645,000, to remain available
    until expended; of which $78,600,000 shall be available for
    implementation of enacted Indian land and water claim settlements
    pursuant to Public Laws 87-483, 97-293, 101-618, 102-374, 102-441, 102-
    575, and 103-116, and for implementation of other enacted water rights
    settlements, including not to exceed $8,000,000, which shall be for the
    Federal share of the Catawba Indian Tribe of South Carolina Claims
    Settlement, as authorized by section 5(a) of Public Law 103-116; and of
    which $1,045,000 shall be available pursuant to Public Laws 98-500, 99-
    264, and 100-580; and of which $1,000,000 shall be available (1) to
    liquidate obligations owed tribal and individual Indian payees of any
    checks canceled pursuant to section 1003 of the Competitive Equality
    Banking Act of 1987 (Public Law 100-86 (101 Stat. 659)), 31 U.S.C.
    3334(b), (2) to restore to Individual Indian Monies trust funds, Indian
    Irrigation Systems, and Indian Power Systems accounts amounts invested
    in credit unions or defaulted savings and loan associations and which
    were not Federally insured, and (3) to reimburse Indian trust fund
    account holders for losses to their respective accounts where the claim
    for said loss(es) has been reduced to a judgment or settlement
    agreement approved by the Department of Justice.

                   technical assistance of indian enterprises

        For payment of management and technical assistance requests
    associated with loans and grants approved under the Indian Financing
    Act of 1974, as amended, $500,000.

                     indian guaranteed loan program account

        For the cost of guaranteed loans $4,500,000, as authorized by the
    Indian Financing Act of 1974, as amended: 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
    $35,914,000.
        In addition, for administrative expenses necessary to carry out the
    guaranteed loan program, $500,000.

                           administrative provisions

        Appropriations for the Bureau of Indian Affairs shall be available
    for expenses of exhibits, and purchase of not to exceed 275 passenger
    carrying motor vehicles, of which not to exceed 215 shall be for
    replacement only.

                     Territorial and International Affairs

                           assistance to territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior, $65,188,000, of which
    (1) $61,661,000 shall be available until expended for technical
    assistance, including maintenance assistance, disaster assistance,
    insular management controls, and brown tree snake control and research;
    grants to the judiciary in American Samoa for compensation and
    expenses, as authorized by law (48 U.S.C. 1661(c)); grants to the
    Government of American Samoa, in addition to current local revenues,
    for construction and support of governmental functions; grants to the
    Government of the Virgin Islands as authorized by law; grants to the
    Government of Guam, as authorized by law; and grants to the Government
    of the Northern Mariana Islands as authorized by law (Public Law 94-
    241; 90 Stat. 272); and (2) $3,527,000 shall be available for salaries
    and expenses of the Office of Insular Affairs: Provided, That all
    financial transactions of the territorial and local governments herein
    provided for, including such transactions of all agencies or
    instrumentalities established or utilized by such governments, may be
    audited by the General Accounting Office, at its discretion, in
    accordance with chapter 35 of title 31, United States Code: Provided
    further, That Northern Mariana Islands Covenant grant funding shall be
    provided according to those terms of the Agreement of the Special
    Representatives on Future United States Financial Assistance for the
    Northern Mariana Islands approved by Public Law 99-396, or any
    subsequent legislation related to Commonwealth of the Northern Mariana
    Islands Covenant grant funding: Provided further, That of the amounts
    provided for technical assistance, sufficient funding shall be made
    available for a grant to the Close Up Foundation: Provided further,
    That the funds for the program of operations and maintenance
    improvement are appropriated to institutionalize routine operations and
    maintenance of capital infrastructure in American Samoa, Guam, the
    Virgin Islands, the Commonwealth of the Northern Mariana Islands, the
    Republic of Palau, the Republic of the Marshall Islands, and the
    Federated States of Micronesia through assessments of long-range
    operations and maintenance needs, improved capability of local
    operations and maintenance institutions and agencies (including
    management and vocational education training), and project-specific
    maintenance (with territorial participation and cost sharing to be
    determined by the Secretary based on the individual territory's
    commitment to timely maintenance of its capital assets): Provided
    further, That any appropriation for disaster assistance under this head
    in this Act or previous appropriations Acts may be used as non-Federal
    matching funds for the purpose of hazard mitigation grants provided
    pursuant to section 404 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5170c).

                          compact of free association

        For economic assistance and necessary expenses for the Federated
    States of Micronesia and the Republic of the Marshall Islands as
    provided for in sections 122, 221, 223, 232, and 233 of the Compacts of
    Free Association, and for economic assistance and necessary expenses
    for the Republic of Palau as provided for in sections 122, 221, 223,
    232, and 233 of the Compact of Free Association, $24,938,000, to remain
    available until expended, as authorized by Public Law 99-239 and Public
    Law 99-658: Provided, That notwithstanding section 112 of Public Law
    101-219 (103 Stat. 1873), the Secretary of the Interior may agree to
    technical changes in the specifications for the project described in
    the subsidiary agreement negotiated under section 212(a) of the Compact
    of Free Association, Public Law 99-658, or its annex, if the changes do
    not result in increased costs to the United States.

                              Departmental Offices

                            Departmental Management

                             salaries and expenses

        For necessary expenses for management of the Department of the
    Interior, $57,340,000, of which not to exceed $7,500 may be for
    official reception and representation expenses.

                            Office of the Solicitor

                             salaries and expenses

        For necessary expenses of the Office of the Solicitor, $34,516,000.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General,
    $23,939,000.

                            Construction Management

                             salaries and expenses

        For necessary expenses of the Office of Construction Management,
    $500,000.

                       National Indian Gaming Commission

                             salaries and expenses

        For necessary expenses of the National Indian Gaming Commission,
    pursuant to Public Law 100-497, $1,000,000: Provided, That on March 1,
    1996, the Chairman shall submit to the Secretary a report detailing
    those Indian tribes or tribal organizations with gaming operations that
    are in full compliance, partial compliance, or non-compliance with the
    provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701, et
    seq.): Provided further, That the information contained in the report
    shall be updated on a continuing basis.

                 Office of Special Trustee for American Indians

                             federal trust programs

        For operation of trust programs for Indians by direct expenditure,
    contracts, cooperative agreements, compacts, and grants, $16,338,000,
    of which $15,891,000 shall remain available until expended for trust
    funds management: Provided, That funds made available to tribes and
    tribal organizations through contracts or grants obligated during
    fiscal year 1996, as authorized by the Indian Self-Determination Act of
    1975 (88 Stat. 2203; 25 U.S.C. 450 et seq.), shall remain available
    until expended by the contractor or grantee: Provided further, That
    notwithstanding any other provision of law, the statute of limitations
    shall not commence to run on any claim, including any claim in
    litigation pending on the date of this Act, concerning losses to or
    mismanagement of trust funds, until the affected tribe or individual
    Indian has been furnished with the accounting of such funds from which
    the beneficiary can determine whether there has been a loss: Provided
    further, That obligated and unobligated balances provided for trust
    funds management within ``Operation of Indian programs'', Bureau of
    Indian Affairs are hereby transferred to and merged with this
    appropriation.

                           Administrative Provisions

        There is hereby authorized for acquisition from available resources
    within the Working Capital Fund, 15 aircraft, 10 of which shall be for
    replacement and which may be obtained by donation, purchase or through
    available excess surplus property: Provided, That notwithstanding any
    other provision of law, existing aircraft being replaced may be sold,
    with proceeds derived or trade-in value used to offset the purchase
    price for the replacement aircraft: Provided further, That no programs
    funded with appropriated funds in ``Departmental Management'', ``Office
    of the Solicitor'', and ``Office of Inspector General'' may be
    augmented through the Working Capital Fund or the Consolidated Working
    Fund.

                 GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR

        Sec. 101. Appropriations made in this title shall be available for
    expenditure or transfer (within each bureau or office), with the
    approval of the Secretary, for the emergency reconstruction,
    replacement, or repair of aircraft, buildings, utilities, or other
    facilities or equipment damaged or destroyed by fire, flood, storm, or
    other unavoidable causes: Provided, That no funds shall be made
    available under this authority until funds specifically made available
    to the Department of the Interior for emergencies shall have been
    exhausted: Provided further, That all funds used pursuant to this
    section are hereby designated by Congress to be ``emergency
    requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
    and Emergency Deficit Control Act of 1985 and must be replenished by a
    supplemental appropriation which must be requested as promptly as
    possible.
        Sec. 102. The Secretary may authorize the expenditure or transfer
    of any no year appropriation in this title, in addition to the amounts
    included in the budget programs of the several agencies, for the
    suppression or emergency prevention of forest or range fires on or
    threatening lands under the jurisdiction of the Department of the
    Interior; for the emergency rehabilitation of burned-over lands under
    its jurisdiction; for emergency actions related to potential or actual
    earthquakes, floods, volcanoes, storms, or other unavoidable causes;
    for contingency planning subsequent to actual oilspills; response and
    natural resource damage assessment activities related to actual
    oilspills; for the prevention, suppression, and control of actual or
    potential grasshopper and Mormon cricket outbreaks on lands under the
    jurisdiction of the Secretary, pursuant to the authority in section
    1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
    projects under section 410 of Public Law 95-87; and shall transfer,
    from any no year funds available to the Office of Surface Mining
    Reclamation and Enforcement, such funds as may be necessary to permit
    assumption of regulatory authority in the event a primacy State is not
    carrying out the regulatory provisions of the Surface Mining Act:
    Provided, That appropriations made in this title for fire suppression
    purposes shall be available for the payment of obligations incurred
    during the preceding fiscal year, and for reimbursement to other
    Federal agencies for destruction of vehicles, aircraft, or other
    equipment in connection with their use for fire suppression purposes,
    such reimbursement to be credited to appropriations currently available
    at the time of receipt thereof: Provided further, That for emergency
    rehabilitation and wildfire suppression activities, no funds shall be
    made available under this authority until funds appropriated to the
    ``Emergency Department of the Interior Firefighting Fund'' shall have
    been exhausted: Provided further, That all funds used pursuant to this
    section are hereby designated by Congress to be ``emergency
    requirements'' pursuant to section 251(b)(2)(D) of the Balanced Budget
    and Emergency Deficit Control Act of 1985 and must be replenished by a
    supplemental appropriation which must be requested as promptly as
    possible: Provided further, That such replenishment funds shall be used
    to reimburse, on a pro rata basis, accounts from which emergency funds
    were transferred.
        Sec. 103. Appropriations made in this title shall be available for
    operation of warehouses, garages, shops, and similar facilities,
    wherever consolidation of activities will contribute to efficiency or
    economy, and said appropriations shall be reimbursed for services
    rendered to any other activity in the same manner as authorized by
    sections 1535 and 1536 of title 31, United States Code: Provided, That
    reimbursements for costs and supplies, materials, equipment, and for
    services rendered may be credited to the appropriation current at the
    time such reimbursements are received.
        Sec. 104. Appropriations made to the Department of the Interior in
    this title shall be available for services as authorized by 5 U.S.C.
    3109, when authorized by the Secretary, in total amount not to exceed
    $500,000; hire, maintenance, and operation of aircraft; hire of
    passenger motor vehicles; purchase of reprints; payment for telephone
    service in private residences in the field, when authorized under
    regulations approved by the Secretary; and the payment of dues, when
    authorized by the Secretary, for library membership in societies or
    associations which issue publications to members only or at a price to
    members lower than to subscribers who are not members.
        Sec. 105. Appropriations available to the Department of the
    Interior for salaries and expenses shall be available for uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902 and D.C.
    Code 4-204).
        Sec. 106. Appropriations made in this title shall be available for
    obligation in connection with contracts issued for services or rentals
    for periods not in excess of twelve months beginning at any time during
    the fiscal year.
        Sec. 107. Appropriations made in this title from the Land and Water
    Conservation Fund for acquisition of lands and waters, or interests
    therein, shall be available for transfer, with the approval of the
    Secretary, between the following accounts: Bureau of Land Management,
    Land acquisition, United States Fish and Wildlife Service, Land
    acquisition, and National Park Service, Land acquisition and State
    assistance. Use of such funds are subject to the reprogramming
    guidelines of the House and Senate Committees on Appropriations.
        Sec.  108. Prior to the transfer of Presidio properties to the
    Presidio Trust, when authorized, the Secretary may not obligate in any
    calendar month more than \1/12\ of the fiscal year 1996 appropriation
    for operation of the Presidio: Provided, That this section shall expire
    on December 31, 1995.
        Sec. 109. Section 6003 of Public Law 101-380 is hereby repealed.
        Sec. 110. None of the funds appropriated or otherwise made
    available by this Act may be obligated or expended by the Secretary of
    the Interior for developing, promulgating, and thereafter implementing
    a rule concerning rights-of-way under section 2477 of the Revised
    Statutes.
        Sec. 111. No funds provided in this title may be expended by the
    Department of the Interior for the conduct of offshore leasing and
    related activities placed under restriction in the President's
    moratorium statement of June 26, 1990, in the areas of Northern,
    Central, and Southern California; the North Atlantic; Washington and
    Oregon; and the Eastern Gulf of Mexico south of 26 degrees north
    latitude and east of 86 degrees west longitude.
        Sec. 112. No funds provided in this title may be expended by the
    Department of the Interior for the conduct of leasing, or the approval
    or permitting of any drilling or other exploration activity, on lands
    within the North Aleutian Basin planning area.
        Sec. 113. No funds provided in this title may be expended by the
    Department of the Interior for the conduct of preleasing and leasing
    activities in the Eastern Gulf of Mexico for Outer Continental Shelf
    Lease Sale 151 in the Outer Continental Shelf Natural Gas and Oil
    Resource Management Comprehensive Program, 1992-1997.
        Sec. 114. No funds provided in this title may be expended by the
    Department of the Interior for the conduct of preleasing and leasing
    activities in the Atlantic for Outer Continental Shelf Lease Sale 164
    in the Outer Continental Shelf Natural Gas and Oil Resource Management
    Comprehensive Program, 1992-1997.
        Sec. 115. (a) Of the funds appropriated by this Act or any
    subsequent Act providing for appropriations in fiscal years 1996 and
    1997, not more than 50 percent of any self-governance funds that would
    otherwise be allocated to each Indian tribe in the State of Washington
    shall actually be paid to or on account of such Indian tribe from and
    after the time at which such tribe shall--
                (1) take unilateral action that adversely impacts the
            existing rights to and/or customary uses of, nontribal member
            owners of fee simple land within the exterior boundary of the
            tribe's reservation to water, electricity, or any other similar
            utility or necessity for the nontribal members' residential use
            of such land; or
                (2) restrict or threaten to restrict said owners use of or
            access to publicly maintained rights-of-way necessary or
            desirable in carrying the utilities or necessities described
            above.
        (b) Such penalty shall not attach to the initiation of any legal
    actions with respect to such rights or the enforcement of any final
    judgments, appeals from which have been exhausted, with respect
    thereto.
        Sec. 116. Within 30 days after the enactment of this Act, the
    Department of the Interior shall issue a specific schedule for the
    completion of the Lake Cushman Land Exchange Act (Public Law 102-436)
    and shall complete the exchange not later than September 30, 1996.
        Sec. 117. Notwithstanding Public Law 90-544, as amended, the
    National Park Service is authorized to expend appropriated funds for
    maintenance and repair of the Company Creek Road in the Lake Chelan
    National Recreation Area: Provided, That appropriated funds shall not
    be expended for the purpose of improving the property of private
    individuals unless specifically authorized by law.
        Sec. 118. Section 4(b) of Public Law 94-241 (90 Stat. 263) as added
    by section 10 of Public Law 99-396 is amended by deleting ``until
    Congress otherwise provides by law.'' and inserting in lieu thereof:
    ``except that, for fiscal years 1996 through 2002, payments to the
    Commonwealth of the Northern Mariana Islands pursuant to the multi-year
    funding agreements contemplated under the Covenant shall be $11,000,000
    annually, subject to an equal local match and all other requirements
    set forth in the Agreement of the Special Representatives on Future
    Federal Financial Assistance of the Northern Mariana Islands, executed
    on December 17, 1992 between the special representative of the
    President of the United States and special representatives of the
    Governor of the Northern Mariana Islands with any additional amounts
    otherwise made available under this section in any fiscal year and not
    required to meet the schedule of payments in this subsection to be
    provided as set forth in subsection (c) until Congress otherwise
    provides by law.
        ``(c) The additional amounts referred to in subsection (b) shall be
    made available to the Secretary for obligation as follows:
                ``(1) for fiscal years 1996 through 2001, $4,580,000
            annually for capital infrastructure projects as Impact Aid for
            Guam under section 104(c)(6) of Public Law 99-239;
                ``(2) for fiscal year 1996, $7,700,000 shall be provided
            for capital infrastructure projects in American Samoa;
            $4,420,000 for resettlement of Rongelap Atoll; and
                ``(3) for fiscal years 1997 and thereafter, all such
            amounts shall be available solely for capital infrastructure
            projects in Guam, the Virgin Islands, American Samoa, the
            Commonwealth of the Northern Mariana Islands, the Republic of
            Palau, the Federated States of Micronesia and the Republic of
            the Marshall Islands: Provided, That, in fiscal year 1997,
            $3,000,000 of such amounts shall be made available to the
            College of the Northern Marianas and beginning in fiscal year
            1997, and in each year thereafter, not to exceed $3,000,000 may
            be allocated, as provided in appropriations Acts, to the
            Secretary of the Interior for use by Federal agencies or the
            Commonwealth of the Northern Mariana Islands to address
            immigration, labor, and law enforcement issues in the Northern
            Mariana Islands. The specific projects to be funded in American
            Samoa shall be set forth in a five-year plan for infrastructure
            assistance developed by the Secretary of the Interior in
            consultation with the American Samoa Government and updated
            annually and submitted to the Congress concurrent with the
            budget justifications for the Department of the Interior. In
            developing budget recommendations for capital infrastructure
            funding, the Secretary shall indicate the highest priority
            projects, consider the extent to which particular projects are
            part of an overall master plan, whether such project has been
            reviewed by the Corps of Engineers and any recommendations made
            as a result of such review, the extent to which a set-aside for
            maintenance would enhance the life of the project, the degree
            to which a local cost-share requirement would be consistent
            with local economic and fiscal capabilities, and may propose an
            incremental set-aside, not to exceed $2,000,000 per year, to
            remain available without fiscal year limitation, as an
            emergency fund in the event of natural or other disasters to
            supplement other assistance in the repair, replacement, or
            hardening of essential facilities: Provided further, That the
            cumulative amount set aside for such emergency fund may not
            exceed $10,000,000 at any time.
        ``(d) Within the amounts allocated for infrastructure pursuant to
    this section, and subject to the specific allocations made in
    subsection (c), additional contributions may be made, as set forth in
    appropriations Acts, to assist in the resettlement of Rongelap Atoll:
    Provided, That the total of all contributions from any Federal source
    after enactment of this Act may not exceed $32,000,000 and shall be
    contingent upon an agreement, satisfactory to the President, that such
    contributions are a full and final settlement of all obligations of the
    United States to assist in the resettlement of Rongelop Atoll and that
    such funds will be expended solely on resettlement activities and will
    be properly audited and accounted for. In order to provide such
    contributions in a timely manner, each Federal agency providing
    assistance or services, or conducting activities, in the Republic of
    the Marshall Islands, is authorized to make funds available through the
    Secretary of the Interior, to assist in the resettlement of Rongelap.
    Nothing in this subsection shall be construed to limit the provision of
    ex gratia assistance pursuant to section 105(c)(2) of the Compact of
    Free Association Act of 1985 (Public Law 99-239, 99 Stat. 1770, 1792)
    including for individuals choosing not to resettle at Rongelap, except
    that no such assistance for such individuals may be provided until the
    Secretary notifies the Congress that the full amount of all funds
    necessary for resettlement at Rongelap has been provided.''.

                           TITLE II--RELATED AGENCIES

                           DEPARTMENT OF AGRICULTURE

                                 Forest Service

                                forest research

        For necessary expenses of forest research as authorized by law,
    $177,757,000, to remain available until September 30, 1997.

                           state and private forestry

        For necessary expenses of cooperating with, and providing technical
    and financial assistance to States, Territories, possessions, and
    others and for forest pest management activities, cooperative forestry
    and education and land conservation activities, $136,695,000, to remain
    available until expended, as authorized by law: Provided, That of funds
    available under this heading for Pacific Northwest Assistance in this
    or prior appropriations Acts, $200,000 shall be provided to the World
    Forestry Center for purposes of continuing scientific research and
    other authorized efforts regarding the land exchange efforts in the
    Umpqua River Basin Region.

                             national forest system

        For necessary expenses of the Forest Service, not otherwise
    provided for, for management, protection, improvement, and utilization
    of the National Forest System, for ecosystem planning, inventory, and
    monitoring, and for administrative expenses associated with the
    management of funds provided under the heads ``Forest Research'',
    ``State and Private Forestry'', ``National Forest System'',
    ``Construction'', ``Fire Protection and Emergency Suppression'', and
    ``Land Acquisition'', $1,255,004,999, to remain available for
    obligation until September 30, 1997, and including 65 per centum of all
    monies received during the prior fiscal year as fees collected under
    the Land and Water Conservation Fund Act of 1965, as amended, in
    accordance with section 4 of the Act (16 U.S.C. 460l-6a(i)), of which
    not more than $81,249,999 shall be available for travel expenses:
    Provided, That unobligated and unexpended balances in the National
    Forest System account at the end of fiscal year 1995, shall be merged
    with and made a part of the fiscal year 1996 National Forest System
    appropriation, and shall remain available for obligation until
    September 30, 1997: Provided further, That up to $5,000,000 of the
    funds provided herein for road maintenance shall be available for the
    planned obliteration of roads which are no longer needed.

                            wildland fire management

        For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency fire suppression on or
    adjacent to National Forest System lands or other lands under fire
    protection agreement, and for emergency rehabilitation of burned over
    National Forest System lands, $385,485,000, to remain available until
    expended: Provided, That unexpended balances of amounts previously
    appropriated under any other headings for Forest Service fire
    activities may be transferred to and merged with this appropriation:
    Provided further, That such funds are available for repayment of
    advances from other appropriations accounts previously transferred for
    such purposes.

                                  construction

        For necessary expenses of the Forest Service, not otherwise
    provided for, $163,384,000, to remain available until expended, for
    construction and acquisition of buildings and other facilities, and for
    construction and repair of forest roads and trails by the Forest
    Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205:
    Provided, That funds becoming available in fiscal year 1996 under the
    Act of March 4, 1913 (16 U.S.C. 501) shall be transferred to the
    General Fund of the Treasury of the United States: Provided further,
    That not to exceed $50,000,000, to remain available until expended, may
    be obligated for the construction of forest roads by timber purchasers:
    Provided further, That $2,500,000 of the funds appropriated herein
    shall be available for a grant to the ``Non-Profit Citizens for the
    Columbia Gorge Discovery Center'' for the construction of the Columbia
    Gorge Discovery Center: Provided further, That the Forest Service is
    authorized to grant the unobligated balance of funds appropriated in
    fiscal year 1995 for the construction of the Columbia Gorge Discovery
    Center and related trail construction funds to the ``Non-Profit
    Citizens for the Columbia Gorge Discovery Center'' to be used for the
    same purpose: Provided further, That the Forest Service is authorized
    to convey the land needed for the construction of the Columbia Gorge
    Discovery Center without cost to the ``Non-Profit Citizens for the
    Columbia Gorge Discovery Center'': Provided further, That
    notwithstanding any other provision of law, funds originally
    appropriated under this head in Public Law 101-512 for the Forest
    Service share of a new research facility at the University of Missouri,
    Columbia, shall be available for a grant to the University of Missouri,
    as the Federal share in the construction of the new facility: Provided
    further, That agreed upon lease of space in the new facility shall be
    provided to the Forest Service without charge for the life of the
    building.

                                land acquisition

        For expenses necessary to carry out the provisions of the Land and
    Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4-11),
    including administrative expenses, and for acquisition of land or
    waters, or interest therein, in accordance with statutory authority
    applicable to the Forest Service, $41,200,000, to be derived from the
    Land and Water Conservation Fund, to remain available until expended.

             acquisition of lands for national forests special acts

        For acquisition of lands within the exterior boundaries of the
    Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
    Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
    National Forests, California, as authorized by law, $1,069,000, to be
    derived from forest receipts.

                acquisition of lands to complete land exchanges

        For acquisition of lands, to be derived from funds deposited by
    State, county, or municipal governments, public school districts, or
    other public school authorities pursuant to the Act of December 4,
    1967, as amended (16 U.S.C. 484a), to remain available until expended.

                             range betterment fund

        For necessary expenses of range rehabilitation, protection, and
    improvement, 50 per centum of all moneys received during the prior
    fiscal year, as fees for grazing domestic livestock on lands in
    National Forests in the sixteen Western States, pursuant to section
    401(b)(1) of Public Law 94-579, as amended, to remain available until
    expended, of which not to exceed 6 per centum shall be available for
    administrative expenses associated with on-the-ground range
    rehabilitation, protection, and improvements.

        gifts, donations and bequests for forest and rangeland research

        For expenses authorized by 16 U.S.C. 1643(b), $92,000, to remain
    available until expended, to be derived from the fund established
    pursuant to the above Act.

                   administrative provisions, forest service

        Appropriations to the Forest Service for the current fiscal year
    shall be available for: (a) purchase of not to exceed 183 passenger
    motor vehicles of which 32 will be used primarily for law enforcement
    purposes and of which 151 shall be for replacement; acquisition of 22
    passenger motor vehicles from excess sources, and hire of such
    vehicles; operation and maintenance of aircraft, the purchase of not to
    exceed two for replacement only, and acquisition of 20 aircraft from
    excess sources; notwithstanding other provisions of law, existing
    aircraft being replaced may be sold, with proceeds derived or trade-in
    value used to offset the purchase price for the replacement aircraft;
    (b) services pursuant to the second sentence of section 706(a) of the
    Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $100,000 for
    employment under 5 U.S.C. 3109; (c) purchase, erection, and alteration
    of buildings and other public improvements (7 U.S.C. 2250); (d)
    acquisition of land, waters, and interests therein, pursuant to the Act
    of August 3, 1956 (7 U.S.C. 428a); (e) for expenses pursuant to the
    Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a, 558d,
    558a note); and (f) for debt collection contracts in accordance with 31
    U.S.C. 3718(c).
        None of the funds made available under this Act shall be obligated
    or expended to change the boundaries of any region, to abolish any
    region, to move or close any regional office for research, State and
    private forestry, or National Forest System administration of the
    Forest Service, Department of Agriculture, or to implement any
    reorganization, ``reinvention'' or other type of organizational
    restructuring of the Forest Service, other than the relocation of the
    Regional Office for Region 5 of the Forest Service from San Francisco
    to excess military property at Mare Island, Vallejo, California,
    without the consent of the House and Senate Committees on
    Appropriations and the Committee on Agriculture, Nutrition, and
    Forestry and the Committee on Energy and Natural Resources in the
    United States Senate and the Committee on Agriculture and the Committee
    on Resources in the United States House of Representatives.
        Any appropriations or funds available to the Forest Service may be
    advanced to the Fire and Emergency Suppression appropriation and may be
    used for forest firefighting and the emergency rehabilitation of
    burned-over lands under its jurisdiction: Provided, That no funds shall
    be made available under this authority until funds appropriated to the
    ``Emergency Forest Service Firefighting Fund'' shall have been
    exhausted.
        Any funds available to the Forest Service may be used for
    retrofitting Mare Island facilities to accommodate the relocation:
    Provided, That funds for the move must come from funds otherwise
    available to Region 5: Provided further, That any funds to be provided
    for such purposes shall only be available upon approval of the House
    and Senate Committees on Appropriations.
        Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development and
    the Foreign Agricultural Service in connection with forest and
    rangeland research, technical information, and assistance in foreign
    countries, and shall be available to support forestry and related
    natural resource activities outside the United States and its
    territories and possessions, including technical assistance, education
    and training, and cooperation with United States and international
    organizations.
        None of the funds made available to the Forest Service under this
    Act shall be subject to transfer under the provisions of section 702(b)
    of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or
    7 U.S.C. 147b unless the proposed transfer is approved in advance by
    the House and Senate Committees on Appropriations in compliance with
    the reprogramming procedures contained in House Report 103-551.
        No funds appropriated to the Forest Service shall be transferred to
    the Working Capital Fund of the Department of Agriculture without the
    approval of the Chief of the Forest Service.
        Notwithstanding any other provision of law, any appropriations or
    funds available to the Forest Service may be used to disseminate
    program information to private and public individuals and organizations
    through the use of nonmonetary items of nominal value and to provide
    nonmonetary awards of nominal value and to incur necessary expenses for
    the nonmonetary recognition of private individuals and organizations
    that make contributions to Forest Service programs.
        Notwithstanding any other provision of law, money collected, in
    advance or otherwise, by the Forest Service under authority of section
    101 of Public Law 93-153 (30 U.S.C. 185(1)) as reimbursement of
    administrative and other costs incurred in processing pipeline right-
    of-way or permit applications and for costs incurred in monitoring the
    construction, operation, maintenance, and termination of any pipeline
    and related facilities, may be used to reimburse the applicable
    appropriation to which such costs were originally charged.
        Funds available to the Forest Service shall be available to conduct
    a program of not less than $1,000,000 for high priority projects within
    the scope of the approved budget which shall be carried out by the
    Youth Conservation Corps as authorized by the Act of August 13, 1970,
    as amended by Public Law 93-408.
        None of the funds available in this Act shall be used for timber
    sale preparation using clearcutting in hardwood stands in excess of 25
    percent of the fiscal year 1989 harvested volume in the Wayne National
    Forest, Ohio: Provided, That this limitation shall not apply to
    hardwood stands damaged by natural disaster: Provided further, That
    landscape architects shall be used to maintain a visually pleasing
    forest.
        Any money collected from the States for fire suppression assistance
    rendered by the Forest Service on non-Federal lands not in the vicinity
    of National Forest System lands shall be used to reimburse the
    applicable appropriation and shall remain available until expended as
    the Secretary may direct in conducting activities authorized by 16
    U.S.C. 2101 (note), 2101-2110, 1606, and 2111.
        Of the funds available to the Forest Service, $1,500 is available
    to the Chief of the Forest Service for official reception and
    representation expenses.
        Notwithstanding any other provision of law, the Forest Service is
    authorized to employ or otherwise contract with persons at regular
    rates of pay, as determined by the Service, to perform work occasioned
    by emergencies such as fires, storms, floods, earthquakes or any other
    unavoidable cause without regard to Sundays, Federal holidays, and the
    regular workweek.
        To the greatest extent possible, and in accordance with the Final
    Amendment to the Shawnee National Forest Plan, none of the funds
    available in this Act shall be used for preparation of timber sales
    using clearcutting or other forms of even aged management in hardwood
    stands in the Shawnee National Forest, Illinois.
        Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities for sustainable rural development purposes.
        Notwithstanding any other provision of law, eighty percent of the
    funds appropriated to the Forest Service in the National Forest System
    and Construction accounts and planned to be allocated to activities
    under the ``Jobs in the Woods'' program for projects on National Forest
    land in the State of Washington may be granted directly to the
    Washington State Department of Fish and Wildlife for accomplishment of
    planned projects. Twenty percent of said funds shall be retained by the
    Forest Service for planning and administering projects. Project
    selection and prioritization shall be accomplished by the Forest
    Service with such consultation with the State of Washington as the
    Forest Service deems appropriate.
        For one year after enactment of this Act, the Secretary shall
    continue the current Tongass Land Management Plan (TLMP) and may
    accommodate commercial tourism (if an agreement is signed between the
    Forest Service and the Alaska Visitors' Association) except that during
    this period, the Secretary shall maintain at least the number of acres
    of suitable available and suitable scheduled timber lands, and
    Allowable Sale Quantity as identified in the Preferred Alternative
    (Alternative P) in the Tongass Land and Resources Management Plan and
    Final Environmental Impact Statement (dated October 1992) as selected
    in the Record of Decision Review Draft #3-2/93. Nothing in this
    paragraph shall be interpreted to mandate clear-cutting or require the
    sale of timber and nothing in this paragraph, including the ASQ
    identified in Alternative P, shall be construed to limit the
    Secretary's consideration of new information or to prejudice future
    revision, amendment or modification of TLMP based upon sound,
    verifiable scientific data.
        If the Forest Service determines in a Supplemental Evaluation to an
    Environmental Impact Statement that no additional analysis under the
    National Environmental Policy Act or section 810 of the Alaska National
    Interest Lands Conservation Act is necessary for any timber sale or
    offering which has been prepared for acceptance by, or award to, a
    purchaser after December 31, 1988, that has been subsequently
    determined by the Forest Service to be available for sale or offering
    to one or more other purchaser, the change of purchasers for whatever
    reason shall not be considered a significant new circumstance, and the
    Forest Service may offer or award such timber sale or offering to a
    different purchaser or offeree, notwithstanding any other provision of
    law. A determination by the Forest Service pursuant to this paragraph
    shall not be subject to judicial review.
        None of the funds appropriated under this Act for the Forest
    Service shall be made available for the purpose of applying paint to
    rocks, or rock colorization: Provided, That notwithstanding any other
    provision of law, the Forest Service shall not require of any
    individual or entity, as part of any permitting process under its
    authority, or as a requirement of compliance with the National
    Environmental Policy Act of 1969 (42 U.S.C. 4231 et seq.), the painting
    or colorization of rocks.

                              DEPARTMENT OF ENERGY

                     fossil energy research and development

        For necessary expenses in carrying out fossil energy research and
    development activities, under the authority of the Department of Energy
    Organization Act (Public Law 95-91), including the acquisition of
    interest, including defeasible and equitable interests in any real
    property or any facility or for plant or facility acquisition or
    expansion, and for promoting health and safety in mines and the mineral
    industry through research (30 U.S.C. 3, 861(b), and 951(a)), for
    conducting inquiries, technological investigations and research
    concerning the extraction, processing, use, and disposal of mineral
    substances without objectionable social and environmental costs (30
    U.S.C. 3, 1602, and 1603), and for the development of methods for the
    disposal, control, prevention, and reclamation of waste products in the
    mining, minerals, metal, and mineral reclamation industries (30 U.S.C.
    3 and 21a), $417,092,000, to remain available until expended: Provided,
    That no part of the sum herein made available shall be used for the
    field testing of nuclear explosives in the recovery of oil and gas.

                          alternative fuels production

                         (including transfer of funds)

        Monies received as investment income on the principal amount in the
    Great Plains Project Trust at the Norwest Bank of North Dakota, in such
    sums as are earned as of October 1, 1995, shall be deposited in this
    account and immediately transferred to the General Fund of the
    Treasury. Monies received as revenue sharing from the operation of the
    Great Plains Gasification Plant shall be immediately transferred to the
    General Fund of the Treasury.

                     naval petroleum and oil shale reserves

        For necessary expenses in carrying out naval petroleum and oil
    shale reserve activities, $148,786,000, to remain available until
    expended: Provided, That the requirements of 10 U.S.C. 7430(b)(2)(B)
    shall not apply to fiscal year 1996: Provided further, That section 501
    of Public Law 101-45 is hereby repealed.

                              energy conservation

        For necessary expenses in carrying out energy conservation
    activities, $553,240,000, to remain available until expended,
    including, notwithstanding any other provision of law, the excess
    amount for fiscal year 1996 determined under the provisions of section
    3003(d) of Public Law 99-509 (15 U.S.C. 4502), and of which $16,000,000
    shall be derived from available unobligated balances in the Biomass
    Energy Development account: Provided, That $140,696,000 shall be for
    use in energy conservation programs as defined in section 3008(3) of
    Public Law 99-509 (15 U.S.C. 4507) and shall not be available until
    excess amounts are determined under the provisions of section 3003(d)
    of Public Law 99-509 (15 U.S.C. 4502): Provided further, That
    notwithstanding section 3003(d)(2) of Public Law 99-509 such sums shall
    be allocated to the eligible programs as follows: $114,196,000 for the
    weatherization assistance program and $26,500,000 for the State energy
    conservation program.

                              economic regulation

        For necessary expenses in carrying out the activities of the
    Economic Regulatory Administration and the Office of Hearings and
    Appeals, $6,297,000, to remain available until expended.

                          strategic petroleum reserve

                         (including transfer of funds)

        For necessary expenses for Strategic Petroleum Reserve facility
    development and operations and program management activities pursuant
    to the Energy Policy and Conservation Act of 1975, as amended (42
    U.S.C. 6201 et seq.), $287,000,000, to remain available until expended,
    of which $187,000,000 shall be derived by transfer of unobligated
    balances from the ``SPR petroleum account'' and $100,000,000 shall be
    derived by transfer from the ``SPR Decommissioning Fund'': Provided,
    That notwithstanding section 161 of the Energy Policy and Conservation
    Act, the Secretary shall draw down and sell up to seven million barrels
    of oil from the Strategic Petroleum Reserve: Provided further, That the
    proceeds from the sale shall be deposited into a special account in the
    Treasury, to be established and known as the ``SPR Decommissioning
    Fund'', and shall be available for the purpose of removal of oil from
    and decommissioning of the Weeks Island site and for other purposes
    related to the operations of the Strategic Petroleum Reserve.

                             spr petroleum account

        Notwithstanding 42 U.S.C. 6240(d) the United States share of crude
    oil in Naval Petroleum Reserve Numbered 1 (Elk Hills) may be sold or
    otherwise disposed of to other than the Strategic Petroleum Reserve:
    Provided, That outlays in fiscal year 1996 resulting from the use of
    funds in this account shall not exceed $5,000,000.

                       energy information administration

        For necessary expenses in carrying out the activities of the Energy
    Information Administration, $72,266,000, to remain available until
    expended: Provided, That notwithstanding section 4(d) of the Service
    Contract Act of 1965 (41 U.S.C. 353(d)) or any other provision of law,
    funds appropriated under this heading hereafter may be used to enter
    into a contract for end use consumption surveys for a term not to
    exceed eight years: Provided further, That notwithstanding any other
    provision of law, hereafter the Manufacturing Energy Consumption Survey
    shall be conducted on a triennial basis.

                administrative provisions, department of energy

        Appropriations under this Act for the current fiscal year shall be
    available for hire of passenger motor vehicles; hire, maintenance, and
    operation of aircraft; purchase, repair, and cleaning of uniforms; and
    reimbursement to the General Services Administration for security guard
    services.
        From appropriations under this Act, transfers of sums may be made
    to other agencies of the Government for the performance of work for
    which the appropriation is made.
        None of the funds made available to the Department of Energy under
    this Act shall be used to implement or finance authorized price support
    or loan guarantee programs unless specific provision is made for such
    programs in an appropriations Act.
        The Secretary is authorized to accept lands, buildings, equipment,
    and other contributions from public and private sources and to
    prosecute projects in cooperation with other agencies, Federal, State,
    private, or foreign: Provided, That revenues and other moneys received
    by or for the account of the Department of Energy or otherwise
    generated by sale of products in connection with projects of the
    Department appropriated under this Act may be retained by the Secretary
    of Energy, to be available until expended, and used only for plant
    construction, operation, costs, and payments to cost-sharing entities
    as provided in appropriate cost-sharing contracts or agreements:
    Provided further, That the remainder of revenues after the making of
    such payments shall be covered into the Treasury as miscellaneous
    receipts: Provided further, That any contract, agreement, or provision
    thereof entered into by the Secretary pursuant to this authority shall
    not be executed prior to the expiration of 30 calendar days (not
    including any day in which either House of Congress is not in session
    because of adjournment of more than three calendar days to a day
    certain) from the receipt by the Speaker of the House of
    Representatives and the President of the Senate of a full comprehensive
    report on such project, including the facts and circumstances relied
    upon in support of the proposed project.
        No funds provided in this Act may be expended by the Department of
    Energy to prepare, issue, or process procurement documents for programs
    or projects for which appropriations have not been made.

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                             Indian Health Service

                             indian health services

        For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination Act, the Indian Health Care
    Improvement Act, and titles II and III of the Public Health Service Act
    with respect to the Indian Health Service, $1,747,842,000, together
    with payments received during the fiscal year pursuant to 42 U.S.C.
    300aaa-2 for services furnished by the Indian Health Service: Provided,
    That of the funds provided, $800,000 shall be used for inhalant abuse
    treatment programs to treat inhalant abuse and to provide for referrals
    to specialized treatment facilities in the United States: Provided
    further, That funds made available to tribes and tribal organizations
    through contracts, grant agreements, or any other agreements or
    compacts authorized by the Indian Self-Determination and Education
    Assistance Act of 1975 (88 Stat. 2203; 25 U.S.C. 450), shall be deemed
    to be obligated at the time of the grant or contract award and
    thereafter shall remain available to the tribe or tribal organization
    without fiscal year limitation: Provided further, That $12,000,000
    shall remain available until expended, for the Indian Catastrophic
    Health Emergency Fund: Provided further, That $350,564,000 for contract
    medical care shall remain available for obligation until September 30,
    1997: Provided further, That of the funds provided, not less than
    $11,306,000 shall be used to carry out the loan repayment program under
    section 108 of the Indian Health Care Improvement Act, as amended:
    Provided further, That funds provided in this Act may be used for one-
    year contracts and grants which are to be performed in two fiscal
    years, so long as the total obligation is recorded in the year for
    which the funds are appropriated: Provided further, That the amounts
    collected by the Secretary of Health and Human Services under the
    authority of title IV of the Indian Health Care Improvement Act shall
    be available for two fiscal years after the fiscal year in which they
    were collected, for the purpose of achieving compliance with the
    applicable conditions and requirements of titles XVIII and XIX of the
    Social Security Act (exclusive of planning, design, or construction of
    new facilities): Provided further, That of the funds provided,
    $7,500,000 shall remain available until expended, for the Indian Self-
    Determination Fund, which shall be available for the transitional costs
    of initial or expanded tribal contracts, grants or cooperative
    agreements with the Indian Health Service under the provisions of the
    Indian Self-Determination Act: Provided further, That funding contained
    herein, and in any earlier appropriations Acts for scholarship programs
    under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall
    remain available for obligation until September 30, 1997: Provided
    further, That amounts received by tribes and tribal organizations under
    title IV of the Indian Health Care Improvement Act, as amended, shall
    be reported and accounted for and available to the receiving tribes and
    tribal organizations until expended.

                            indian health facilities

        For construction, repair, maintenance, improvement, and equipment
    of health and related auxiliary facilities, including quarters for
    personnel; preparation of plans, specifications, and drawings;
    acquisition of sites, purchase and erection of modular buildings, and
    purchases of trailers; and for provision of domestic and community
    sanitation facilities for Indians, as authorized by section 7 of the
    Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
    Act and the Indian Health Care Improvement Act, and for expenses
    necessary to carry out the Act of August 5, 1954 (68 Stat. 674), the
    Indian Self-Determination Act, the Indian Health Care Improvement Act,
    and titles II and III of the Public Health Service Act with respect to
    environmental health and facilities support activities of the Indian
    Health Service, $238,958,000, to remain available until expended:
    Provided, That notwithstanding any other provision of law, funds
    appropriated for the planning, design, construction or renovation of
    health facilities for the benefit of an Indian tribe or tribes may be
    used to purchase land for sites to construct, improve, or enlarge
    health or related facilities.

                administrative provisions, indian health service

        Appropriations in this Act to the Indian Health Service shall be
    available for services as authorized by 5 U.S.C. 3109 but at rates not
    to exceed the per diem rate equivalent to the maximum rate payable for
    senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary; and for uniforms or allowances therefor as
    authorized by law (5 U.S.C. 5901-5902); and for expenses of attendance
    at meetings which are concerned with the functions or activities for
    which the appropriation is made or which will contribute to improved
    conduct, supervision, or management of those functions or activities:
    Provided, That in accordance with the provisions of the Indian Health
    Care Improvement Act, non-Indian patients may be extended health care
    at all tribally administered or Indian Health Service facilities,
    subject to charges, and the proceeds along with funds recovered under
    the Federal Medical Care Recovery Act (42 U.S.C. 2651-53) shall be
    credited to the account of the facility providing the service and shall
    be available without fiscal year limitation: Provided further, That
    notwithstanding any other law or regulation, funds transferred from the
    Department of Housing and Urban Development to the Indian Health
    Service shall be administered under Public Law 86-121 (the Indian
    Sanitation Facilities Act) and Public Law 93-638, as amended: Provided
    further, That funds appropriated to the Indian Health Service in this
    Act, except those used for administrative and program direction
    purposes, shall not be subject to limitations directed at curtailing
    Federal travel and transportation: Provided further, That the Indian
    Health Service shall neither bill nor charge those Indians who may have
    the economic means to pay unless and until such time as Congress has
    agreed upon a specific policy to do so and has directed the Indian
    Health Service to implement such a policy: Provided further, That,
    notwithstanding any other provision of law, funds previously or herein
    made available to a tribe or tribal organization through a contract,
    grant or agreement authorized by title I of the Indian Self-
    Determination and Education Assistance Act of 1975 (88 Stat. 2203; 25
    U.S.C. 450), may be deobligated and reobligated to a self-governance
    funding agreement under title III of the Indian Self-Determination and
    Education Assistance Act of 1975 and thereafter shall remain available
    to the tribe or tribal organization without fiscal year limitation:
    Provided further, That none of the funds made available to the Indian
    Health Service in this Act shall be used to implement the final rule
    published in the Federal Register on September 16, 1987, by the
    Department of Health and Human Services, relating to eligibility for
    the health care services of the Indian Health Service until the Indian
    Health Service has submitted a budget request reflecting the increased
    costs associated with the proposed final rule, and such request has
    been included in an appropriations Act and enacted into law: Provided
    further, That funds made available in this Act are to be apportioned to
    the Indian Health Service as appropriated in this Act, and accounted
    for in the appropriation structure set forth in this Act: Provided
    further, That the appropriation structure for the Indian Health Service
    may not be altered without advance approval of the House and Senate
    Committees on Appropriations.

                            DEPARTMENT OF EDUCATION

                  Office of Elementary and Secondary Education

                                indian education

        For necessary expenses to carry out, to the extent not otherwise
    provided, title IX, part A, subpart 1 of the Elementary and Secondary
    Education Act of 1965, as amended, and section 215 of the Department of
    Education Organization Act, $52,500,000.

                             OTHER RELATED AGENCIES

                  Office of Navajo and Hopi Indian Relocation

                             salaries and expenses

        For necessary expenses of the Office of Navajo and Hopi Indian
    Relocation as authorized by Public Law 93-531, $20,345,000, to remain
    available until expended: Provided, That funds provided in this or any
    other appropriations Act are to be used to relocate eligible
    individuals and groups including evictees from District 6, Hopi-
    partitioned lands residents, those in significantly substandard
    housing, and all others certified as eligible and not included in the
    preceding categories: Provided further, That none of the funds
    contained in this or any other Act may be used by the Office of Navajo
    and Hopi Indian Relocation to evict any single Navajo or Navajo family
    who, as of November 30, 1985, was physically domiciled on the lands
    partitioned to the Hopi Tribe unless a new or replacement home is
    provided for such household: Provided further, That no relocatee will
    be provided with more than one new or replacement home: Provided
    further, That the Office shall relocate any certified eligible
    relocatees who have selected and received an approved homesite on the
    Navajo reservation or selected a replacement residence off the Navajo
    reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

        Institute of American Indian and Alaska Native Culture and Arts
                                  Development

                            payment to the institute

        For payment to the Institute of American Indian and Alaska Native
    Culture and Arts Development, as authorized by title XV of Public Law
    99-498 (20 U.S.C. 4401 et seq.), $5,500,000.

                            Smithsonian Institution

                             salaries and expenses

        For necessary expenses of the Smithsonian Institution, as
    authorized by law, including research in the fields of art, science,
    and history; development, preservation, and documentation of the
    National Collections; presentation of public exhibits and performances;
    collection, preparation, dissemination, and exchange of information and
    publications; conduct of education, training, and museum assistance
    programs; maintenance, alteration, operation, lease (for terms not to
    exceed thirty years), and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized by 5
    U.S.C. 3109; up to 5 replacement passenger vehicles; purchase, rental,
    repair, and cleaning of uniforms for employees; $308,188,000, of which
    not to exceed $30,472,000 for the instrumentation program, collections
    acquisition, Museum Support Center equipment and move, exhibition
    reinstallation, the National Museum of the American Indian, the
    repatriation of skeletal remains program, research equipment,
    information management, and Latino programming shall remain available
    until expended and, including such funds as may be necessary to support
    American overseas research centers and a total of $125,000 for the
    Council of American Overseas Research Centers: Provided, That funds
    appropriated herein are available for advance payments to independent
    contractors performing research services or participating in official
    Smithsonian presentations.

            construction and improvements, national zoological park

        For necessary expenses of planning, construction, remodeling, and
    equipping of buildings and facilities at the National Zoological Park,
    by contract or otherwise, $3,250,000, to remain available until
    expended.

                      repair and restoration of buildings

        For necessary expenses of repair and restoration of buildings owned
    or occupied by the Smithsonian Institution, by contract or otherwise,
    as authorized by section 2 of the Act of August 22, 1949 (63 Stat.
    623), including not to exceed $10,000 for services as authorized by 5
    U.S.C. 3109, $33,954,000, to remain available until expended: Provided,
    That contracts awarded for environmental systems, protection systems,
    and exterior repair or restoration of buildings of the Smithsonian
    Institution may be negotiated with selected contractors and awarded on
    the basis of contractor qualifications as well as price.

                                  construction

        For necessary expenses for construction, $27,700,000, to remain
    available until expended.

                            National Gallery of Art

                             salaries and expenses

        For the upkeep and operations of the National Gallery of Art, the
    protection and care of the works of art therein, and administrative
    expenses incident thereto, as authorized by the Act of March 24, 1937
    (50 Stat. 51), as amended by the public resolution of April 13, 1939
    (Public Resolution 9, Seventy-sixth Congress), including services as
    authorized by 5 U.S.C. 3109; payment in advance when authorized by the
    treasurer of the Gallery for membership in library, museum, and art
    associations or societies whose publications or services are available
    to members only, or to members at a price lower than to the general
    public; purchase, repair, and cleaning of uniforms for guards, and
    uniforms, or allowances therefor, for other employees as authorized by
    law (5 U.S.C. 5901-5902); purchase or rental of devices and services
    for protecting buildings and contents thereof, and maintenance,
    alteration, improvement, and repair of buildings, approaches, and
    grounds; and purchase of services for restoration and repair of works
    of art for the National Gallery of Art by contracts made, without
    advertising, with individuals, firms, or organizations at such rates or
    prices and under such terms and conditions as the Gallery may deem
    proper, $51,844,000, of which not to exceed $3,026,000 for the special
    exhibition program shall remain available until expended.

                repair, restoration and renovation of buildings

        For necessary expenses of repair, restoration and renovation of
    buildings, grounds and facilities owned or occupied by the National
    Gallery of Art, by contract or otherwise, as authorized, $6,442,000, to
    remain available until expended: Provided, That contracts awarded for
    environmental systems, protection systems, and exterior repair or
    renovation of buildings of the National Gallery of Art may be
    negotiated with selected contractors and awarded on the basis of
    contractor qualifications as well as price.

                 John F. Kennedy Center for the Performing Arts

                           operations and maintenance

        For necessary expenses for the operation, maintenance and security
    of the John F. Kennedy Center for the Performing Arts, $10,323,000:
    Provided, That 40 U.S.C. 193n is hereby amended by striking the word
    ``and'' after the word ``Institution'' and inserting in lieu thereof a
    comma, and by inserting ``and the Trustees of the John F. Kennedy
    Center for the Performing Arts,'' after the word ``Art,''.

                                  construction

        For necessary expenses of capital repair and rehabilitation of the
    existing features of the building and site of the John F. Kennedy
    Center for the Performing Arts, $8,983,000, to remain available until
    expended.

                Woodrow Wilson International Center for Scholars

                             salaries and expenses

        For expenses necessary in carrying out the provisions of the
    Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
    passenger vehicles and services as authorized by 5 U.S.C. 3109,
    $5,840,000.

               National Foundation on the Arts and the Humanities

                        National Endowment for the Arts

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $82,259,000, shall be
    available to the National Endowment for the Arts for the support of
    projects and productions in the arts through assistance to groups and
    individuals pursuant to section 5(c) of the Act, and for administering
    the functions of the Act, to remain available until September 30, 1997.

                                matching grants

        To carry out the provisions of section 10(a)(2) of the National
    Foundation on the Arts and the Humanities Act of 1965, as amended,
    $17,235,000, to remain available until September 30, 1997, to the
    National Endowment for the Arts, of which $7,500,000 shall be available
    for purposes of section 5(p)(1): Provided, That this appropriation
    shall be available for obligation only in such amounts as may be equal
    to the total amounts of gifts, bequests, and devises of money, and
    other property accepted by the Chairman or by grantees of the Endowment
    under the provisions of section 10(a)(2), subsections 11(a)(2)(A) and
    11(a)(3)(A) during the current and preceding fiscal years for which
    equal amounts have not previously been appropriated.

                     National Endowment for the Humanities

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $94,000,000, shall be
    available to the National Endowment for the Humanities for support of
    activities in the humanities, pursuant to section 7(c) of the Act, and
    for administering the functions of the Act, to remain available until
    September 30, 1997.

                                matching grants

        To carry out the provisions of section 10(a)(2) of the National
    Foundation on the Arts and the Humanities Act of 1965, as amended,
    $16,000,000, to remain available until September 30, 1997, of which
    $10,000,000 shall be available to the National Endowment for the
    Humanities for the purposes of section 7(h): Provided, That this
    appropriation shall be available for obligation only in such amounts as
    may be equal to the total amounts of gifts, bequests, and devises of
    money, and other property accepted by the Chairman or by grantees of
    the Endowment under the provisions of subsections 11(a)(2)(B) and
    11(a)(3)(B) during the current and preceding fiscal years for which
    equal amounts have not previously been appropriated.

                          Institute of Museum Services

                           grants and administration

        For carrying out title II of the Arts, Humanities, and Cultural
    Affairs Act of 1976, as amended, $21,000,000, to remain available until
    September 30, 1997.

                           administrative provisions

        None of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used to process any grant or contract
    documents which do not include the text of 18 U.S.C. 1913: Provided,
    That none of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used for official reception and
    representation expenses.

                            Commission of Fine Arts

                             salaries and expenses

        For expenses made necessary by the Act establishing a Commission of
    Fine Arts (40 U.S.C. 104), $834,000.

                   national capital arts and cultural affairs

        For necessary expenses as authorized by Public Law 99-190 (99 Stat.
    1261; 20 U.S.C. 956(a)), as amended, $6,000,000.

                   Advisory Council on Historic Preservation

                             salaries and expenses

        For expenses necessary for the Advisory Council on Historic
    Preservation, $2,500,000.

                      National Capital Planning Commission

                             salaries and expenses

        For necessary expenses, as authorized by the National Capital
    Planning Act of 1952 (40 U.S.C. 71-71i), including services as
    authorized by 5 U.S.C. 3109, $5,090,000: Provided, That all appointed
    members will be compensated at a rate not to exceed the rate for
    Executive Schedule Level IV.

                 Franklin Delano Roosevelt Memorial Commission

                             salaries and expenses

        For necessary expenses of the Franklin Delano Roosevelt Memorial
    Commission, established by the Act of August 11, 1955 (69 Stat. 694),
    as amended by Public Law 92-332 (86 Stat. 401), $147,000, to remain
    available until September 30, 1997.

                  Pennsylvania Avenue Development Corporation

                               public development

        Funds made available under this heading in prior years shall be
    available for operating and administrative expenses and for the orderly
    closure of the Corporation, as well as operating and administrative
    expenses for the functions transferred to the General Services
    Administration.

                                  (rescission)

        Of the available balances under this heading, $2,172,000 are
    rescinded.

                    United States Holocaust Memorial Council

                           holocaust memorial council

        For expenses of the Holocaust Memorial Council, as authorized by
    Public Law 96-388, as amended, $28,707,000; of which $1,575,000 for the
    Museum's repair and rehabilitation program and $1,264,000 for the
    Museum's exhibition program shall remain available until expended.

                         TITLE III--GENERAL PROVISIONS

        Sec. 301. 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. 302. No part of any appropriation under this Act shall be
    available to the Secretary of the Interior or the Secretary of
    Agriculture for the leasing of oil and natural gas by noncompetitive
    bidding on publicly owned lands within the boundaries of the Shawnee
    National Forest, Illinois: Provided, That nothing herein is intended to
    inhibit or otherwise affect the sale, lease, or right to access to
    minerals owned by private individuals.
        Sec. 303. No part of any appropriation contained in this Act shall
    be available for any activity or the publication or distribution of
    literature that in any way tends to promote public support or
    opposition to any legislative proposal on which congressional action is
    not complete.
        Sec. 304. 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. 305. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to provide a personal cook,
    chauffeur, or other personal servants to any officer or employee of
    such department or agency except as otherwise provided by law.
        Sec. 306. No assessments may be levied against any program, budget
    activity, subactivity, or project funded by this Act unless notice of
    such assessments and the basis therefor are presented to the Committees
    on Appropriations and are approved by such Committees.
        Sec. 307. (a) Compliance With Buy American Act.--None of the funds
    made available in this Act may be expended by an entity unless the
    entity agrees that in expending the funds the entity will comply with
    sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c;
    popularly known as the ``Buy American Act'').
        (b) Sense of Congress; Requirement Regarding Notice.--
                (1) Purchase of american-made equipment and products.--In
            the case of any equipment or product that may be authorized to
            be purchased with financial assistance provided using funds
            made available in this Act, it is the sense of the Congress
            that entities receiving the assistance should, in expending the
            assistance, purchase only American-made equipment and products.
                (2) Notice to recipients of assistance.--In providing
            financial assistance using funds made available in this Act,
            the head of each Federal agency shall provide to each recipient
            of the assistance a notice describing the statement made in
            paragraph (1) by the Congress.
        (c) Prohibition of Contracts With Persons Falsely Labeling Products
    as Made in America.--If it has been finally determined by a court or
    Federal agency that any person intentionally affixed a label bearing a
    ``Made in America'' inscription, or any inscription with the same
    meaning, to any product sold in or shipped to the United States that is
    not made in the United States, the person shall be ineligible to
    receive any contract or subcontract made with funds made available in
    this Act, pursuant to the debarment, suspension, and ineligibility
    procedures described in sections 9.400 through 9.409 of title 48, Code
    of Federal Regulations.
        Sec. 308. None of the funds in this Act may be used to plan,
    prepare, or offer for sale timber from trees classified as giant
    sequoia (sequoiadendron giganteum) which are located on National Forest
    System or Bureau of Land Management lands in a manner different than
    such sales were conducted in fiscal year 1995.
        Sec. 309. None of the funds made available by this Act may be
    obligated or expended by the National Park Service to enter into or
    implement a concession contract which permits or requires the removal
    of the underground lunchroom at the Carlsbad Caverns National Park.
        Sec. 310. Where the actual costs of construction projects under
    self-determination contracts, compacts, or grants, pursuant to Public
    Laws 93-638, 103-413, or 100-297, are less than the estimated costs
    thereof, use of the resulting excess funds shall be determined by the
    appropriate Secretary after consultation with the tribes.
        Sec. 311. Notwithstanding Public Law 103-413, quarterly payments of
    funds to tribes and tribal organizations under annual funding
    agreements pursuant to section 108 of Public Law 93-638, as amended,
    may be made on the first business day following the first day of a
    fiscal quarter.
        Sec. 312. None of funds appropriated or otherwise made available by
    this Act may be used for the AmeriCorps program, unless the relevant
    agencies of the Department of the Interior and/or Agriculture follow
    appropriate reprogramming guidelines: Provided, That if no funds are
    provided for the AmeriCorps program by the VA-HUD and Independent
    Agencies fiscal year 1996 appropriations bill, then none of the funds
    appropriated or otherwise made available by this Act may be used for
    the AmeriCorps programs.
        Sec. 313. (a) On or before April 1, 1996, the Pennsylvania Avenue
    Development Corporation shall--
                (1) transfer and assign in accordance with this section all
            of its rights, title, and interest in and to all of the leases,
            covenants, agreements, and easements it has executed or will
            execute by March 31, 1996, in carrying out its powers and
            duties under the Pennsylvania Avenue Development Corporation
            Act (40 U.S.C. 871-885) and the Federal Triangle Development
            Act (40 U.S.C. 1101-1109) to the General Services
            Administration, National Capital Planning Commission, or the
            National Park Service; and
                (2) except as provided by subsection (d), transfer all
            rights, title, and interest in and to all property, both real
            and personal, held in the name of the Pennsylvania Avenue
            Development Corporation to the General Services Administration.
        (b) The responsibilities of the Pennsylvania Avenue Development
    Corporation transferred to the General Services Administration under
    subsection (a) include, but are not limited to, the following:
                (1) Collection of revenue owed the Federal Government as a
            result of real estate sales or lease agreements entered into by
            the Pennsylvania Avenue Development Corporation and private
            parties, including, at a minimum, with respect to the following
            projects:
                        (A) The Willard Hotel property on Square 225.
                        (B) The Gallery Row project on Square 457.
                        (C) The Lansburgh's project on Square 431.
                        (D) The Market Square North project on Square 407.
                (2) Collection of sale or lease revenue owed the Federal
            Government (if any) in the event two undeveloped sites owned by
            the Pennsylvania Avenue Development Corporation on Squares 457
            and 406 are sold or leased prior to April 1, 1996.
                (3) Application of collected revenue to repay United States
            Treasury debt incurred by the Pennsylvania Avenue Development
            Corporation in the course of acquiring real estate.
                (4) Performing financial audits for projects in which the
            Pennsylvania Avenue Development Corporation has actual or
            potential revenue expectation, as identified in paragraphs (1)
            and (2), in accordance with procedures described in applicable
            sale or lease agreements.
                (5) Disposition of real estate properties which are or
            become available for sale and lease or other uses.
                (6) Payment of benefits in accordance with the Uniform
            Relocation Assistance and Real Property Acquisitions Policies
            Act of 1970 to which persons in the project area squares are
            entitled as a result of the Pennsylvania Avenue Development
            Corporation's acquisition of real estate.
                (7) Carrying out the responsibilities of the Pennsylvania
            Avenue Development Corporation under the Federal Triangle
            Development Act (40 U.S.C. 1101-1109), including
            responsibilities for managing assets and liabilities of the
            Corporation under such Act.
        (c) In carrying out the responsibilities of the Pennsylvania Avenue
    Development Corporation transferred under this section, the
    Administrator of the General Services Administration shall have the
    following powers:
                (1) To acquire lands, improvements, and properties by
            purchase, lease or exchange, and to sell, lease, or otherwise
            dispose of real or personal property as necessary to complete
            the development plan developed under section 5 of the
            Pennsylvania Avenue Development Corporation Act of 1972 (40
            U.S.C. 874) if a notice of intention to carry out such
            acquisition or disposal is first transmitted to the Committee
            on Transportation and Infrastructure and the Committee on
            Appropriations of the House of Representatives and the
            Committee on Environment and Public Works and the Committee on
            Appropriations of the Senate and at least 60 days elapse after
            the date of such transmission.
                (2) To modify from time to time the plan referred to in
            paragraph (1) if such modification is first transmitted to the
            Committee on Transportation and Infrastructure and the
            Committee on Appropriations of the House of Representatives and
            the Committee on Environment and Public Works and the Committee
            on Appropriations of the Senate and at least 60 days elapse
            after the date of such transmission.
                (3) To maintain any existing Pennsylvania Avenue
            Development Corporation insurance programs.
                (4) To enter into and perform such leases, contracts, or
            other transactions with any agency or instrumentality of the
            United States, the several States, or the District of Columbia
            or with any person, firm, association, or corporation as may be
            necessary to carry out the responsibilities of the Pennsylvania
            Avenue Development Corporation under the Federal Triangle
            Development Act (40 U.S.C. 1101-1109).
                (5) To request the Council of the District of Columbia to
            close any alleys necessary for the completion of development in
            Square 457.
                (6) To use all of the funds transferred from the
            Pennsylvania Avenue Development Corporation or income earned on
            Pennsylvania Avenue Development Corporation property to
            complete any pending development projects.
        (d)(1)(A) On or before April 1, 1996, the Pennsylvania Avenue
    Development Corporation shall transfer all its right, title, and
    interest in and to the property described in subparagraph (B) to the
    National Park Service, Department of the Interior.
        (B) The property referred to in subparagraph (A) is the property
    located within the Pennsylvania Avenue National Historic Site depicted
    on a map entitled ``Pennsylvania Avenue National Historic Park'', dated
    June 1, 1995, and numbered 840-82441, which shall be on file and
    available for public inspection in the offices of the National Park
    Service, Department of the Interior. The Pennsylvania Avenue National
    Historic Site includes the parks, plazas, sidewalks, special lighting,
    trees, sculpture, and memorials.
        (2) Jurisdiction of Pennsylvania Avenue and all other roadways from
    curb to curb shall remain with the District of Columbia but vendors
    shall not be permitted to occupy street space except during temporary
    special events.
        (3) The National Park Service shall be responsible for management,
    administration, maintenance, law enforcement, visitor services,
    resource protection, interpretation, and historic preservation at the
    Pennsylvania Avenue National Historic Site.
        (4) The National Park Service may enter into contracts, cooperative
    agreements, or other transactions with any agency or instrumentality of
    the United States, the several States, or the District of Columbia or
    with any person, firm, association, or corporation as may be deemed
    necessary or appropriate for the conduct of special events, festivals,
    concerts, or other art and cultural programs at the Pennsylvania Avenue
    National Historic Site or may establish a nonprofit foundation to
    solicit funds for such activities.
        (e) Notwithstanding any other provision of law, the responsibility
    for ensuring that development or redevelopment in the Pennsylvania
    Avenue area is carried out in accordance with the Pennsylvania Avenue
    Development Corporation Plan--1974, as amended, is transferred to the
    National Capital Planning Commission or its successor commencing April
    1, 1996.
        (f) Savings Provisions.--
                (1) Regulations.--Any regulations prescribed by the
            Corporation in connection with the Pennsylvania Avenue
            Development Corporation Act of 1972 (40 U.S.C. 871-885) and the
            Federal Triangle Development Act (40 U.S.C. 1101-1109) shall
            continue in effect until suspended by regulations prescribed by
            the Administrator of the General Services Administration.
                (2) Existing rights, duties, and obligations not
            affected.--Subsection (a) shall not be construed as affecting
            the validity of any right, duty, or obligation of the United
            States or any other person arising under or pursuant to any
            contract, loan, or other instrument or agreement which was in
            effect on the day before the date of the transfers under
            subsection (a).
                (3) Continuation of suits.--No action or other proceeding
            commenced by or against the Corporation in connection with
            administration of the Pennsylvania Avenue Development
            Corporation Act of 1972 (40 U.S.C. 871-885) and the Federal
            Triangle Development Act (40 U.S.C. 1101-1109) shall abate by
            reason of enactment and implementation of this Act, except that
            the General Services Administration shall be substituted for
            the Corporation as a party to any such action or proceeding.
        (g) Section 3(b) of the Pennsylvania Avenue Development Corporation
    Act of 1972 (40 U.S.C. 872(b)) is amended as follows:
        ``(b) The Corporation shall be dissolved on or before April 1,
    1996. Upon dissolution, assets, obligations, indebtedness, and all
    unobligated and unexpended balances of the Corporation shall be
    transferred in accordance with the Department of the Interior and
    Related Agencies Appropriations Act, 1996.''.
        Sec. 314. (a) Except as provided in subsection (b), no part of any
    appropriation contained in this Act or any other Act shall be obligated
    or expended for the operation or implementation of the Interior
    Columbia Basin Ecosystem Management Project (hereinafter ``Project'').
        (b) From the funds appropriated to the Forest Service and Bureau of
    Land Management: a sum of $4,000,000 is made available for the
    Executive Steering Committee of the Project to publish, and submit to
    the Congress, by May 31, 1996, an assessment of the National Forest
    System lands and lands administered by the Bureau of Land Management
    within the area encompassed by the Project. The assessment shall be
    accompanied by two draft Environmental Impact Statements that: are not
    decisional and not subject to judicial review; contain a range of
    alternatives, without the identification of a preferred alternative or
    management recommendation; and provide a methodology for conducting any
    cumulative effects analysis required by section 102(2) of the National
    Environmental Policy Act (42 U.S.C. 433(2)) in the preparation of
    amendments to resource management plans pursuant to subsection (c). The
    assessment shall incorporate all existing relevant scientific
    information including, but not limited to, information on landscape
    dynamics, forest and rangeland health conditions, fisheries, and
    watersheds and the implications of each as they relate to federal
    forest and rangeland health. The assessment and draft Environmental
    Impact Statements shall not be: the subject of consultation or
    conferencing pursuant to section 7 of the Endangered Species Act of
    1973 (16 U.S.C. 1536); accompanied by any record of decision or other
    National Environmental Policy Act documentation; or applied or used to
    regulate non-federal lands. The Executive Steering Committee shall
    release the draft Environmental Impact Statements for a ninety day
    public comment period and include a summary of the public comments
    received in the submission to Congress.
        (c)(1) From the funds appropriated to the Forest Service and the
    Bureau of Land Management, based on the documents prepared pursuant to
    subsection (b) and any other guidance or policy issued prior to the
    date of enactment of this section, and in consultation with the
    affected Governor, and county commissioners, each Forest Supervisor and
    District Manager with responsibility for a national forest or a unit of
    land administered by the Bureau of Land Management (hereinafter
    ``forest'') within the area encompassed by the Project shall review the
    resource management plan (hereinafter ``plan'') for such forest and
    develop, by an amendment to such plan, a modification of or alternative
    to any policy which is applicable to such plan upon the date of
    enactment of this section (whether or not such policy has been added to
    such plan by amendment), including any policy which is, or is intended
    to be, of limited duration, and which the Project addresses, to meet
    the specific conditions of such forest. Each amendment shall: contain
    the modified or alternative policy developed pursuant to this
    paragraph, be directed solely to and affect only such plan; address the
    specific conditions of the forest to which the plan applies and the
    relationship of the modified or alternative policy to such conditions;
    and, to the maximum extent practicable, establish site-specific
    standards in lieu of imposing general standards applicable to multiple
    sites.
        (2)(A) Each amendment prepared pursuant to paragraph (1) shall
    comply with any applicable requirements of section 102(2) of the
    National Environmental Policy Act, except that any cumulative effects
    analysis conducted in accordance with the methodology provided pursuant
    to subsection (b) shall be deemed to meet any requirement of such Act
    for such analysis.
        (B) Any policy adopted in an amendment prepared pursuant to
    paragraph (1) which is a modification of or alternative to a policy
    referred to in paragraph (1) upon which consultation or conferencing
    has occurred pursuant to section 7 of the Endangered Species Act of
    1973 shall not again be subject to the consultation or conferencing
    provisions of such section 7. Any other consultation or conferencing
    required by such section 7 shall be conducted separately on each
    amendment prepared pursuant to paragraph (1): Provided, That, except as
    provided in this subparagraph, no other consultation shall be
    undertaken on such amendments, on any project or activity which is
    consistent with an applicable amendment, on any policy referred to in
    paragraph (1), or on any portion of any plan related to such policy or
    the species to which such policy applies.
        (3) Each amendment prepared pursuant to paragraph (1) shall be
    adopted on or before March 31, 1997, and no policy referred to in
    paragraph (1), or any provision of a plan or other planning document
    incorporating such policy, shall be effective in any forest subject to
    the Project on or after such date, or after an amendment to the plan
    which applies to such forest is adopted pursuant to this subsection,
    whichever occurs first.
        (4) On the signing of a record of decision or equivalent document
    making an amendment for the Clearwater National Forest pursuant to
    paragraph (1), the requirement for revision referred to in this
    Stipulation of Dismissal dated September 13, 1993, applicable to such
    Forest is deemed to be satisfied, and the interim management direction
    provisions contained in the Stipulation of Dismissal shall be of no
    further effect with respect to such Forest.
        Sec. 315. Recreational Fee Demonstration Program.--(a) The
    Secretary of the Interior (acting through the Bureau of Land
    Management, the National Park Service and the United States Fish and
    Wildlife Service) and the Secretary of Agriculture (acting through the
    Forest Service) shall each implement a fee program to demonstrate the
    feasibility of user-generated cost recovery for the operation and
    maintenance of recreation areas or sites and habitat enhancement
    projects on Federal lands.
        (b) In carrying out the pilot program established pursuant to this
    section, the appropriate Secretary shall select from areas under the
    jurisdiction of each of the four agencies referred to in subsection (a)
    no fewer than 10, but as many as 50, areas, sites or projects for fee
    demonstration. For each such demonstration, the Secretary,
    notwithstanding any other provision of law--
                (1) shall charge and collect fees for admission to the area
            or for the use of outdoor recreation sites, facilities, visitor
            centers, equipment, and services by individuals and groups, or
            any combination thereof;
                (2) shall establish fees under this section based upon a
            variety of cost recovery and fair market valuation methods to
            provide a broad basis for feasibility testing;
                (3) may contract, including provisions for reasonable
            commissions, with any public or private entity to provide
            visitor services, including reservations and information, and
            may accept services of volunteers to collect fees charged
            pursuant to paragraph (1);
                (4) may encourage private investment and partnerships to
            enhance the delivery of quality customer services and resource
            enhancement, and provide appropriate recognition to such
            partners or investors; and
                (5) may assess a fine of not more than $100 for any
            violation of the authority to collect fees for admission to the
            area or for the use of outdoor recreation sites, facilities,
            visitor centers, equipment, and services.
        (c)(1) Amounts collected at each fee demonstration area, site or
    project shall be distributed as follows:
                (A) Of the amount in excess of 104% of the amount collected
            in fiscal year 1995, and thereafter annually adjusted upward by
            4%, eighty percent to a special account in the Treasury for use
            without further appropriation, by the agency which administers
            the site, to remain available for expenditures in accordance
            with paragraph (2)(A).
                (B) Of the amount in excess of 104% of the amount collected
            in fiscal year 1995, and thereafter annually adjusted upward by
            4%, twenty percent to a special account in the Treasury for use
            without further appropriation, by the agency which administers
            the site, to remain available for expenditure in accordance
            with paragraph (2)(B).
                (C) For agencies other than the Fish and Wildlife Service,
            up to 15% of current year collections of each agency, but not
            greater than fee collection costs for that fiscal year, to
            remain available for expenditure without further appropriation
            in accordance with paragraph (2)(C).
                (D) For agencies other than the Fish and Wildlife Service,
            the balance to the special account established pursuant to
            subparagraph (A) of section 4(i)(1) of the Land and Water
            Conservation Fund Act, as amended.
                (E) For the Fish and Wildlife Service, the balance shall be
            distributed in accordance with section 201(c) of the Emergency
            Wetlands Resources Act.
        (2)(A) Expenditures from site specific special funds shall be for
    further activities of the area, site or project from which funds are
    collected, and shall be accounted for separately.
        (B) Expenditures from agency specific special funds shall be for
    use on an agency-wide basis and shall be accounted for separately.
        (C) Expenditures from the fee collection support fund shall be used
    to cover fee collection costs in accordance with section 4(i)(1)(B) of
    the Land and Water Conservation Fund Act, as amended: Provided, That
    funds unexpended and unobligated at the end of the fiscal year shall
    not be deposited into the special account established pursuant to
    section 4(i)(1)(A) of said Act and shall remain available for
    expenditure without further appropriation.
        (3) In order to increase the quality of the visitor experience at
    public recreational areas and enhance the protection of resources,
    amounts available for expenditure under this section may only be used
    for the area, site or project concerned, for backlogged repair and
    maintenance projects (including projects relating to health and safety)
    and for interpretation, signage, habitat or facility enhancement,
    resource preservation, annual operation (including fee collection),
    maintenance, and law enforcement relating to public use. The agencywide
    accounts may be used for the same purposes set forth in the preceding
    sentence, but for areas, sites or projects selected at the discretion
    of the respective agency head.
        (d)(1) Amounts collected under this section shall not be taken into
    account for the purposes of the Act of May 23, 1908 and the Act of
    March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C.
    501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act of August 8,
    1937 and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of
    June 14, 1926 (43 U.S.C. 869-4), chapter 69 of title 31, United States
    Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the
    Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l), and any
    other provision of law relating to revenue allocation.
        (2) Fees charged pursuant to this section shall be in lieu of fees
    charged under any other provision of law.
        (e) The Secretary of the Interior and the Secretary of Agriculture
    shall carry out this section without promulgating regulations.
        (f) The authority to collect fees under this section shall commence
    on October 1, 1995, and end on September 30, 1998. Funds in accounts
    established shall remain available through September 30, 2001.
        Sec. 316. Section 2001(a)(2) of Public Law 104-19 is amended as
    follows: Strike ``September 30, 1997'' and insert in lieu thereof
    ``December 31, 1996''.
        Sec. 317. None of the funds made available in this Act may be used
    for any program, project, or activity when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any
    applicable Federal law relating to risk assessment, the protection of
    private property rights, or unfunded mandates.
        Sec. 318. None of the funds provided in this Act may be made
    available for the Mississippi River Corridor Heritage Commission.
        Sec. 319. Great Basin National Park.--Section 3 of the Great Basin
    National Park Act of 1986 (16 U.S.C. 410mm-1) is amended--
                (1) in the first sentence of subsection (e) by striking
            ``shall'' and inserting ``may''; and
                (2) in subsection (f)--
                        (A) by striking ``At the request'' and inserting
                    the following:
                ``(1) Exchanges.--At the request'';
                        (B) by striking ``grazing permits'' and inserting
                    ``grazing permits and grazing leases''; and
                        (C) by adding after ``Federal lands.'' the
                    following:
                ``(2) Acquisition by donation.--
                        (A) In general.--The Secretary may acquire by
                    donation valid existing permits and grazing leases
                    authorizing grazing on land in the park.
                        (B) Termination.--The Secretary shall terminate a
                    grazing permit or grazing lease acquired under
                    subparagraph (A) so as to end grazing previously
                    authorized by the permit or lease.''.
        Sec. 320. None of the funds made available in this Act shall be
    used by the Department of Energy in implementing the Codes and
    Standards Program to propose, issue, or prescribe any new or amended
    standard: Provided, That this section shall expire on September 30,
    1996: Provided further, That nothing in this section shall preclude the
    Federal Government from promulgating rules concerning energy efficiency
    standards for the construction of new federally-owned commercial and
    residential buildings.
        Sec. 321. None of the funds made available in this Act may be used
    (1) to demolish the bridge between Jersey City, New Jersey, and Ellis
    Island; or (2) to prevent pedestrian use of such bridge, when it is
    made known to the Federal official having authority to obligate or
    expend such funds that such pedestrian use is consistent with generally
    accepted safety standards.
        Sec. 322. (a) None of the funds appropriated or otherwise made
    available pursuant to this Act shall be obligated or expended to accept
    or process applications for a patent for any mining or mill site claim
    located under the general mining laws.
        (b) The provisions of subsection (a) shall not apply if the
    Secretary of the Interior determines that, for the claim concerned: (1)
    a patent application was filed with the Secretary on or before
    September 30, 1994, and (2) all requirements established under sections
    2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein or
    lode claims and sections 2329, 2330, 2331, and 2333 of the Revised
    Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
    of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the
    case may be, were fully complied with by the applicant by that date.
        (c) Processing Schedule.--For those applications for patents
    pursuant to subsection (b) which were filed with the Secretary of the
    Interior, prior to September 30, 1994, the Secretary of the Interior
    shall--
                (1) Within three months of the enactment of this Act, file
            with the House and Senate Committees on Appropriations and the
            Committee on Resources of the House of Representatives and the
            Committee on Energy and Natural Resources of the United States
            Senate a plan which details how the Department of the Interior
            will make a final determination as to whether or not an
            applicant is entitled to a patent under the general mining laws
            on at least 90 percent of such applications within five years
            of the enactment of this Act and file reports annually
            thereafter with the same committees detailing actions taken by
            the Department of the Interior to carry out such plan; and
                (2) Take such actions as may be necessary to carry out such
            plan.
        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Bureau of
    Land Managment to conduct a mineral examination of the mining claims or
    mill sites contained in a patent application as set forth in subsection
    (b). The Bureau of Land Management shall have the sole responsibility
    to choose and pay the third-party contractor in accordance with the
    standard procedures employed by the Bureau of Land Management in the
    retention of third-party contractors.
        Sec. 323. None of the funds appropriated or otherwise made
    available by this Act may be used for the purposes of acquiring lands
    in the counties of Lawrence, Monroe, or Washington, Ohio, for the Wayne
    National Forest.
        Sec. 324. No part of any appropriation contained in this Act or any
    other Act shall be expended or obligated to fund the activities of the
    Office of Forestry and Economic Development after December 31, 1995.
        Sec. 325. Amend section 2001(k) of Public Law 104-19 by striking
    ``in fiscal years 1995 and 1996'' in paragraph (1) and adding paragraph
    (4) to read:
        ``(4) Timing and conditions of alternative volume.--For any sale
    subject to paragraph (2) of this subsection, the Secretary concerned
    shall, and for any other sale subject to this subsection, the Secretary
    concerned may, within 45 days of the date of enactment of this
    paragraph, reach agreement with the purchaser to identify and provide,
    by a date agreed to by the purchaser, a volume, value and kind of
    timber satisfactory to the purchaser to substitute for all or a portion
    of the timber subject to the sale, which shall be subject to the
    original terms of the contract except as otherwise agreed, and shall be
    subject to paragraph (1). After the agreed date for providing
    alternative timber the purchaser may operate the original sale under
    the terms of paragraph (1) until the Secretary concerned designates and
    the purchaser accepts alternative timber under this paragraph. Any sale
    subject to this subsection shall be awarded, released, and completed
    pursuant to paragraph (1) for a period equal to the length of the
    original contract, and shall not count against current allowable sale
    quantities or timber sales to be offered under subsections (b) and
    (d).''
        ``(5) Buy-out authorization.--The Secretary concerned is authorized
    to permit a requesting purchaser of any sale subject to this subsection
    to return to the Government all or a specific volume of timber under
    the sale contract, and shall pay to such purchaser upon tender of such
    volume a buy-out payment for such volume from any funds available to
    the Secretary concerned except from accounts governing or related to
    forest land management, fire fighting, timber sale preparation, harvest
    administration, road construction and maintenance, timber sale program
    support; any accounts associated with preparing or administering the
    sale of timber from any public lands under the jurisdiction of the
    Secretary concerned, range or minerals management; or any permanent
    appropriation or trust funds. Such volume and such payment shall be
    mutually agreed to by the Secretary and the purchaser. The authority
    provided by this paragraph to reach such agreement shall expire 45 days
    after the enactment of this paragraph.''
        Sec. 326. (a) Land Exchange.--The Secretary of the Interior
    (hereinafter referred to as the ``Secretary'') is authorized to convey
    to the Boise Cascade Corporation (hereinafter referred to as the
    ``Corporation''), a corporation formed under the statutes of the State
    of Delaware, with its principal place of business at Boise, Idaho,
    title to approximately seven acres of land, more or less, located in
    sections 14 and 23, township 36 north, range 37 east, Willamette
    Meridian, Stevens County, Washington, further identified in the records
    of the Bureau of Reclamation, Department of the Interior, as Tract No.
    GC-19860, and to accept from the Corporation in exchange therefor,
    title to approximately one hundred and thirty-six acres of land located
    in section 19, township 37 north, range 38 east and section 33,
    township 38 north, range 37 east, Willamette Meridian, Stevens County,
    Washington, and further identified in the records of the Bureau of
    Reclamation, Department of the Interior, as Tract No. GC-19858 and
    Tract No. GC-19859, respectively.
        (b) Appraisal.--The properties so exchanged either shall be
    approximately equal in fair market value or if they are not
    approximately equal, shall be equalized by the payment of cash to the
    Corporation or to the Secretary as required or in the event the value
    of the Corporation's lands is greater, the acreage may be reduced so
    that the fair market value is approximately equal: Provided, That the
    Secretary shall order appraisals made of the fair market value of each
    tract of land included in the exchange without consideration for
    improvements thereon: Provided further, That any cash payment received
    by the Secretary shall be covered in the Reclamation Fund and credited
    to the Columbia Basin project.
        (c) Administrative Costs.--Costs of conducting the necessary land
    surveys, preparing the legal descriptions of the lands to be conveyed,
    performing the appraisals, and administrative costs incurred in
    completing the exchange shall be borne by the Corporation.
        (d) Liability for Hazardous Substances.--(1) The Secretary shall
    not acquire any lands under this Act if the Secretary determines that
    such lands, or any portion thereof, have become contaminated with
    hazardous substances (as defined in the Comprehensive Environmental
    Response, Compensation, and Liability Act (42 U.S.C. 9601)).
        (2) Notwithstanding any other provision of law, the United States
    shall have no responsibility or liability with respect to any hazardous
    wastes or other substances placed on any of the lands covered by this
    Act after their transfer to the ownership of any party, but nothing in
    this Act shall be construed as either diminishing or increasing any
    responsibility or liability of the United States based on the condition
    of such lands on the date of their transfer to the ownership of another
    party. The Corporation shall indemnify the United States for
    liabilities arising under the Comprehensive Environmental Response,
    Compensation, and Liability Act (42 U.S.C. 9601), and the Resource
    Conservation Recovery Act (42 U.S.C. 6901 et seq.).
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out the purposes of
    this Act.
        Sec. 327. Timber Sales Pipeline Restoration Funds.--(a) The
    Secretary of Agriculture and the Secretary of the Interior shall each
    establish a Timber Sales Pipeline Restoration Fund (hereinafter
    ``Agriculture Fund'' and ``Interior Fund'' or ``Funds''). Any revenues
    received from sales released under section 2001(k) of the fiscal year
    1995 Supplemental Appropriations for Disaster Assistance and
    Rescissions Act, minus the funds necessary to make payments to States
    or local governments under other law concerning the distribution of
    revenues derived from the affected lands, which are in excess of
    $37,500,000 (hereinafter ``excess revenues'') shall be deposited into
    the Funds. The distribution of excess revenues between the Agriculture
    Fund and Interior Fund shall be calculated by multiplying the total of
    excess revenues times a fraction with a denominator of the total
    revenues received from all sales released under such section 2001(k)
    and numerators of the total revenues received from such sales on lands
    within the National Forest System and the total revenues received from
    such sales on lands administered by the Bureau of Land Management,
    respectively: Provided, That revenues or portions thereof from sales
    released under such section 2001(k), minus the amounts necessary for
    State and local government payments and other necessary deposits, may
    be deposited into the Funds immediately upon receipt thereof and
    subsequently redistributed between the Funds or paid into the United
    States Treasury as miscellaneous receipts as may be required when the
    calculation of excess revenues is made.
        (b)(1) From the funds deposited into the Agriculture Fund and into
    the Interior Fund pursuant to subsection (a)--
                (A) seventy-five percent shall be available, without fiscal
            year limitation or further appropriation, for preparation of
            timber sales, other than salvage sales as defined in section
            2001(a)(3) of the fiscal year 1995 Supplemental Appropriations
            for Disaster Assistance and Rescissions Act, which--
                        (i) are situated on lands within the National
                    Forest System and lands administered by the Bureau of
                    Land Management, respectively; and
                        (ii) are in addition to timber sales for which
                    funds are otherwise available in this Act or other
                    appropriations Acts; and
                (B) twenty-five percent shall be available, without fiscal
            year limitation or further appropriation, to expend on the
            backlog of recreation projects on lands within the National
            Forest System and lands administered by the Bureau of Land
            Management, respectively.
        (2) Expenditures under this subsection for preparation of timber
    sales may include expenditures for Forest Service activities within the
    forest land management budget line item and associated timber roads,
    and Bureau of Land Management activities within the Oregon and
    California grant lands account and the forestry management area
    account, as determined by the Secretary concerned.
        (c) Revenues received from any timber sale prepared under
    subsection (b) or under this subsection, minus the amounts necessary
    for State and local government payments and other necessary deposits,
    shall be deposited into the Fund from which funds were expended on such
    sale. Such deposited revenues shall be available for preparation of
    additional timber sales and completion of additional recreation
    projects in accordance with the requirements set forth in subsection
    (b).
        (d) The Secretary concerned shall terminate all payments into the
    Agriculture Fund or the Interior Fund, and pay any unobligated funds in
    the affected Fund into the United States Treasury as miscellaneous
    receipts, whenever the Secretary concerned makes a finding, published
    in the Federal Register, that sales sufficient to achieve the total
    allowable sales quantity of the National Forest System for the Forest
    Service or the allowable sales level for the Oregon and California
    grant lands for the Bureau of Land Management, respectively, have been
    prepared.
        (e) Any timber sales prepared and recreation projects completed
    under this section shall comply with all applicable environmental and
    natural resource laws and regulations.
        (f) The Secretary concerned shall report annually to the Committees
    on Appropriations of the United States Senate and the House of
    Representatives on expenditures made from the Fund for timber sales and
    recreation projects, revenues received into the Fund from timber sales,
    and timber sale preparation and recreation project work undertaken
    during the previous year and projected for the next year under the
    Fund. Such information shall be provided for each Forest Service region
    and Bureau of Land Management State office.
        (g) The authority of this section shall terminate upon the
    termination of both Funds in accordance with the provisions of
    subsection (d).
        Sec. 328. Of the funds provided to the National Endowment for the
    Arts:
                (a) The Chairperson shall only award a grant to an
            individual if such grant is awarded to such individual for a
            literature fellowship, National Heritage Fellowship, or
            American Jazz Masters Fellowship.
                (b) The Chairperson shall establish procedures to ensure
            that no funding provided through a grant, except a grant made
            to a State or regional group, may be used to make a grant to
            any other organization or individual to conduct activity
            independent of the direct grant recipient. Nothing in this
            subsection shall prohibit payments made in exchange for goods
            and services.
                (c) No grant shall be used for seasonal support to a group,
            unless the application is specific to the contents of the
            season, including identified programs and/or projects.
        Sec. 329. Delay in Implementation of the Administration's Rangeland
    Reform Program.--None of the funds made available under this or any
    other Act may be used to implement or enforce the final rule published
    by the Secretary of the Interior on February 22, 1995 (60 Fed. Reg.
    9894), making amendments to parts 4, 1780, and 4100 of title 43, Code
    of Federal Regulations, to take effect August 21, 1995, until November
    21, 1995. None of the funds made available under this or any other Act
    may be used to publish proposed or enforce final regulations governing
    the management of livestock grazing on lands administered by the Forest
    Service until November 21, 1995.
        Sec. 330. Section 1864 of title 18, United States Code, is
    amended--
                (1) in subsection (b)--
                        (A) in paragraph (2), by striking ``twenty'' and
                    inserting ``40'';
                        (B) in paragraph (3), by striking ``ten'' and
                    inserting ``20'';
                        (C) in paragraph (4), by striking ``if damage
                    exceeding $10,000 to the property of any individual
                    results,'' and inserting ``if damage to the property of
                    any individual results or if avoidance costs have been
                    incurred exceeding $10,000, in the aggregate,''; and
                        (D) in paragraph (4), by striking ``ten'' and
                    inserting ``20'';
                (2) in subsection (c) by striking ``ten'' and inserting
            ``20'';
                (3) in subsection (d), by--
                        (A) striking ``and'' at the end of paragraph (2);
                        (B) striking the period at the end of paragraph (3)
                    and inserting ``; and''; and
                        (C) adding at the end the following:
                ``(4) the term `avoidance costs' means costs incurred by
            any individual for the purpose of--
                        ``(A) detecting a hazardous or injurious device; or
                        ``(B) preventing death, serious bodily injury,
                    bodily injury, or property damage likely to result from
                    the use of a hazardous or injurious device in violation
                    of subsection (a).''; and
                (4) by adding at the end thereof the following:
        ``(e) Any person injured as the result of a violation of subsection
    (a) may commence a civil action on his own behalf against any person
    who is alleged to be in violation of subsection (a). The district
    courts shall have jurisdiction, without regard to the amount in
    controversy or the citizenship of the parties, in such civil actions.
    The court may award, in addition to monetary damages for any injury
    resulting from an alleged violation of subsection (a), costs of
    litigation, including reasonable attorney and expert witness fees, to
    any prevailing or substantially prevailing party, whenever the court
    determines such award is appropriate.''.
        Sec. 331. (a) Purposes of National Endowment for the Arts.--Section
    2 of the National Foundation on the Arts and the Humanities Act of
    1965, as amended (20 U.S.C. 951), sets out findings and purposes for
    which the National Endowment for the Arts was established, among which
    are--
                (1) ``The arts and humanities belong to all the people of
            the United States'';
                (2) ``The arts and humanities reflect the high place
            accorded by the American people .  .  . to the fostering of
            mutual respect for the diverse beliefs and values of all
            persons and groups'';
                (3) ``Public funding of the arts and humanities is subject
            to the conditions that traditionally govern the use of public
            money [and] such funding should contribute to public support
            and confidence in the use of taxpayer funds''; and
                (4) ``Public funds provided by the Federal Government must
            ultimately serve public purposes the Congress defines''.
        (b) Additional Congressional Findings.--Congress further finds and
    declares that the use of scarce funds, which have been taken from all
    taxpayers of the United States, to promote, disseminate, sponsor, or
    produce any material or performance that--
                (1) denigrates the religious objects or religious beliefs
            of the adherents of a particular religion, or
                (2) depicts or describes, in a patently offensive way,
            sexual or excretory activities or organs,
    is contrary to the express purposes of the National Foundation on the
    Arts and the Humanities Act of 1965, as amended.
        (c) Prohibition on Funding That Is Not Consistent With the Purposes
    of the Act.--Notwithstanding any other provision of law, none of the
    scarce funds which have been taken from all taxpayers of the United
    States and made available under this Act to the National Endowment for
    the Arts may be used to promote, disseminate, sponsor, or produce any
    material or performance that--
                (1) denigrates the religious objects or religious beliefs
            of the adherents of a particular religion, or
                (2) depicts or describes, in a patently offensive way,
            sexual or excretory activities or organs,
    and this prohibition shall be strictly applied without regard to the
    content or viewpoint of the material or performance.
        (d) Section Not To Affect Other Works.--Nothing in this section
    shall be construed to affect in any way the freedom of any artist or
    performer to create any material or performance using funds which have
    not been made available under this Act to the National Endowment for
    the Arts.
        Sec. 332. For purposes related to the closure of the Bureau of
    Mines, funds made available to the United States Geological Survey, the
    United States Bureau of Mines, and the Bureau of Land Management shall
    be available for transfer, with the approval of the Secretary of the
    Interior, among the following accounts: United States Geological
    Survey, Surveys, investigations, and research; Bureau of Mines, Mines
    and minerals; and Bureau of Land Management, Management of lands and
    resources. The Secretary of Energy shall reimburse the Secretary of the
    Interior, in an amount to be determined by the Director of the Office
    of Management and Budget, for the expenses of the transferred functions
    between October 1, 1995 and the effective date of the transfers of
    function. Such transfers shall be subject to the reprogramming
    guidelines of the House and Senate Committees on Appropriations.
        Sec. 333. No funds appropriated under this or any other Act shall
    be used to review or modify sourcing areas previously approved under
    section 490(c)(3) of the Forest Resources Conservation and Shortage
    Relief Act of 1990 (Public Law 101-382) or to enforce or implement
    Federal regulations 36 CFR part 223 promulgated on September 8, 1995.
    The regulations and interim rules in effect prior to September 8, 1995
    (36 CFR 223.48, 36 CFR 223.87, 36 CFR 223 Subpart D, 36 CFR 223 Subpart
    F, and 36 CFR 261.6) shall remain in effect. The Secretary of
    Agriculture or the Secretary of the Interior shall not adopt any
    policies concerning Public Law 101-382 or existing regulations that
    would restrain domestic transportation or processing of timber from
    private lands or impose additional accountability requirements on any
    timber. The Secretary of Commerce shall extend until September 30,
    1996, the order issued under section 491(b)(2)(A) of Public Law 101-382
    and shall issue an order under section 491(b)(2)(B) of such law that
    will be effective October 1, 1996.
        Sec. 334. The National Park Service, in accordance with the
    Memorandum of Agreement between the United States National Park Service
    and the City of Vancouver dated November 4, 1994, shall permit general
    aviation on its portion of Pearson Field in Vancouver, Washington until
    the year 2022, during which time a plan and method for transitioning
    from general aviation aircraft to historic aircraft shall be completed;
    such transition to be accomplished by that date. This action shall not
    be construed to limit the authority of the Federal Aviation
    Administration over air traffic control or aviation activities at
    Pearson Field or limit operations and airspace of Portland
    International Airport.
        Sec. 335. The United States Forest Service approval of Alternative
    site 2 (ALT 2), issued on December 6, 1993, is hereby authorized and
    approved and shall be deemed to be consistent with, and permissible
    under, the terms of Public Law 100-696 (the Arizona-Idaho Conservation
    Act of 1988).
        Sec. 336. Notwithstanding any other provision of law, no funds made
    available to the Department of the Interior or the Department of
    Agriculture by this or any other act, through May 15, 1997, may be used
    to prepare, issue, or implement regulations, rules, or policies
    pursuant to Title VIII of the Alaska National Interest Lands
    Conservation Act to assert jurisdiction, management, or control over
    navigable waters transferred to the State of Alaska pursuant to the
    Submerged Lands Act of 1953 or the Alaska Statehood Act of 1959.
        Sec. 337. Upon enactment of this Act, the following provisions of
    Public Law 104-92, Public Law 104-91, and Public Law 104-99 that would
    continue to have effect after March 15, 1996, are superseded:
                Section 101 of Public Law 104-92, as amended: (1) the
            paragraph dealing with general welfare assistance payments and
            foster care payments funded under the account heading
            ``Operations of Indian Programs''; and (2) the paragraph
            dealing with the visitor services in the National Park System,
            the National Wildlife Refuges, the National Forests, the
            Smithsonian Institution facilities, the National Gallery of
            Art, the John F. Kennedy Center for the Performing Arts, and
            the United States Holocaust Memorial.
                Section 101(a) of Public Law 104-91: (1) the paragraph
            dealing with visitor services on the public lands managed by
            the Bureau of Land Management; and (2) the paragraph dealing
            with Self-Determination and Self-Governance projects and
            activities under the account heading ``Operations of Indian
            Programs'' and the account heading ``Indian Health Service''.
                Section 123 of Public Law 104-99.
                Section 124 of Public Law 104-99.
        This Act may be cited as the ``Department of the Interior and
    Related Agencies Appropriations Act, 1996''.
        (d) Such amounts as may be necessary for programs, projects or
    activities provided for in the Departments of Labor, Health and Human
    Services, and Education, and Related Agencies Appropriations Act, 1996
    at a rate of operations and to the extent and in the manner provided as
    follows, to be effective as if it had been enacted into law as the
    regular appropriations Act:

                                     AN ACT

        Making appropriations for the Departments of Labor, Health and
    Human Services, and Education, and related agencies, for the fiscal
    year ending September 30, 1996 and for other purposes.

                          TITLE I--DEPARTMENT OF LABOR

                     Employment and Training Administration

                        training and employment services

        For expenses necessary to carry into effect the Job Training
    Partnership Act, as amended, including the purchase and hire of
    passenger motor vehicles, the construction, alteration, and repair of
    buildings and other facilities, and the purchase of real property for
    training centers as authorized by the Job Training Partnership Act;
    title II of the Civil Rights Act of 1991; the Women in Apprenticeship
    and Nontraditional Occupations Act; National Skill Standards Act of
    1994; and the School-to-Work Opportunities Act; $3,108,978,000 plus
    reimbursements, of which $2,891,759,000 is available for obligation for
    the period July 1, 1996 through June 30, 1997; of which $121,467,000 is
    available for the period July 1, 1996 through June 30, 1999 for
    necessary expenses of construction, rehabilitation, and acquisition of
    Job Corps centers; and of which $95,000,000 shall be available from
    July 1, 1996 through September 30, 1997, for carrying out activities of
    the School-to-Work Opportunities Act: Provided, That $52,502,000 shall
    be for carrying out section 401 of the Job Training Partnership Act,
    $69,285,000 shall be for carrying out section 402 of such Act,
    $7,300,000 shall be for carrying out section 441 of such Act,
    $8,000,000 shall be for all activities conducted by and through the
    National Occupational Information Coordinating Committee under such
    Act, $745,700,000 shall be for carrying out title II, part A of such
    Act, and $126,672,000 shall be for carrying out title II, part C of
    such Act and $5,000,000 shall be available for obligation for the
    period July 1, 1995 through June 30, 1996 for employment-related
    activities of the 1996 Paralympic Games: Provided further, That no
    funds from any other appropriation shall be used to provide meal
    services at or for Job Corps centers: Provided further, That
    notwithstanding any other provision of law, the Secretary of Labor may
    waive any of the requirements contained in sections 4, 104, 105, 107,
    108, 121, 164, 204, 253, 254, 264, 301, 311, 313, 314, and 315 of the
    Job Training Partnership Act in order to assist States in improving
    State workforce development systems, pursuant to a request submitted by
    a State that has prior to the date of enactment of this Act executed a
    Memorandum of Understanding with the United States requiring such State
    to meet agreed upon outcomes: Provided further, That funds used from
    this Act to carry out title III of the Job Training Partnership Act
    shall not be subject to the limitation contained in subsection (b) of
    section 315 of such Act; that the waiver allowing a reduction in the
    cost limitation relating to retraining services described in subsection
    (a)(2) of such section 315 may be granted with respect to funds from
    this Act if a substate grantee demonstrates to the Governor that such
    waiver is appropriate due to the availability of low-cost retraining
    services, is necessary to facilitate the provision of needs-related
    payments to accompany long-term training, or is necessary to facilitate
    the provision of appropriate basic readjustment services and that funds
    used from this Act to carry out the Secretary's discretionary grants
    under part B of such title III may be used to provide needs-related
    payments to participants who, in lieu of meeting the requirements
    relating to enrollment in training under section 314(e) of such Act,
    are enrolled in training by the end of the sixth week after funds have
    been awarded: Provided further, That service delivery areas may
    transfer funding provided herein under authority of title II-C of the
    Job Training Partnership Act to the program authorized by title II-B of
    that Act, if such transfer is approved by the Governor: Provided
    further, That service delivery areas and substate areas may transfer
    funding provided herein under authority of title II-A and title III of
    the Job Training Partnership Act between the programs authorized by
    those titles of the Act, if such transfer is approved by the Governor:
    Provided further, That, notwithstanding any other provision of law, any
    proceeds from the sale of Job Corps Center facilities shall be retained
    by the Secretary of Labor to carry out the Job Corps program.

                community service employment for older americans

        To carry out the activities for national grants or contracts with
    public agencies and public or private nonprofit organizations under
    paragraph (1)(A) of section 506(a) of title V of the Older Americans
    Act of 1965, as amended, or to carry out older worker activities as
    subsequently authorized, $273,000,000.
        To carry out the activities for grants to States under paragraph
    (3) of section 506(a) of title V of the Older Americans Act of 1965, as
    amended, or to carry out older worker activities as subsequently
    authorized, $77,000,000.

                  federal unemployment benefits and allowances

        For payments during the current fiscal year of trade adjustment
    benefit payments and allowances under part I, and for training, for
    allowances for job search and relocation, and for related State
    administrative expenses under part II, subchapters B and D, chapter 2,
    title II of the Trade Act of 1974, as amended, $346,100,000, together
    with such amounts as may be necessary to be charged to the subsequent
    appropriation for payments for any period subsequent to September 15 of
    the current year.

         state unemployment insurance and employment service operations

        For activities authorized by the Act of June 6, 1933, as amended
    (29 U.S.C. 49-49l-1; 39 U.S.C. 3202(a)(1)(E)); title III of the Social
    Security Act, as amended (42 U.S.C. 502-504); necessary administrative
    expenses for carrying out 5 U.S.C. 8501-8523, and sections 225, 231-
    235, 243-244, and 250(d)(1), 250(d)(3), title II of the Trade Act of
    1974, as amended; as authorized by section 7c of the Act of June 6,
    1933, as amended, necessary administrative expenses under sections
    101(a)(15)(H), 212(a)(5)(A), (m) (2) and (3), (n)(1), and 218(g) (1),
    (2), and (3), and 258(c) of the Immigration and Nationality Act, as
    amended (8 U.S.C. 1101 et seq.); necessary administrative expenses to
    carry out section 221(a) of the Immigration Act of 1990, $117,328,000,
    together with not to exceed $3,104,194,000 (including not to exceed
    $1,653,000 which may be used for amortization payments to States which
    had independent retirement plans in their State employment service
    agencies prior to 1980, and including not to exceed $2,000,000 which
    may be obligated in contracts with non-State entities for activities
    such as occupational and test research activities which benefit the
    Federal-State Employment Service System), which may be expended from
    the Employment Security Administration account in the Unemployment
    Trust Fund, and of which the sums available in the allocation for
    activities authorized by title III of the Social Security Act, as
    amended (42 U.S.C. 502-504), and the sums available in the allocation
    for necessary administrative expenses for carrying out 5 U.S.C. 8501-
    8523, shall be available for obligation by the States through December
    31, 1996, except that funds used for automation acquisitions shall be
    available for obligation by States through September 30, 1998; and of
    which $115,452,000, together with not to exceed $738,283,000 of the
    amount which may be expended from said trust fund shall be available
    for obligation for the period July 1, 1996, through June 30, 1997, to
    fund activities under the Act of June 6, 1933, as amended, including
    the cost of penalty mail made available to States in lieu of allotments
    for such purpose, and of which $216,333,000 shall be available only to
    the extent necessary for additional State allocations to administer
    unemployment compensation laws to finance increases in the number of
    unemployment insurance claims filed and claims paid or changes in a
    State law: Provided, That to the extent that the Average Weekly Insured
    Unemployment (AWIU) for fiscal year 1996 is projected by the Department
    of Labor to exceed 2.785 million, an additional $28,600,000 shall be
    available for obligation for every 100,000 increase in the AWIU level
    (including a pro rata amount for any increment less than 100,000) from
    the Employment Security Administration Account of the Unemployment
    Trust Fund: Provided further, That funds appropriated in this Act which
    are used to establish a national one-stop career center network may be
    obligated in contracts, grants or agreements with non-State entities:
    Provided further, That funds appropriated under this Act for activities
    authorized under the Wagner-Peyser Act, as amended, and title III of
    the Social Security Act, may be used by the States to fund integrated
    Employment Service and Unemployment Insurance automation efforts,
    notwithstanding cost allocation principles prescribed under Office of
    Management and Budget Circular A-87.

            advances to the unemployment trust fund and other funds

        For repayable advances to the Unemployment Trust Fund as authorized
    by sections 905(d) and 1203 of the Social Security Act, as amended, and
    to the Black Lung Disability Trust Fund as authorized by section
    9501(c)(1) of the Internal Revenue Code of 1954, as amended; and for
    nonrepayable advances to the Unemployment Trust Fund as authorized by
    section 8509 of title 5, United States Code, and section 104(d) of
    Public Law 102-164, and section 5 of Public Law 103-6, and to the
    ``Federal unemployment benefits and allowances'' account, to remain
    available until September 30, 1997, $369,000,000.
        In addition, for making repayable advances to the Black Lung
    Disability Trust Fund in the current fiscal year after September 15,
    1996, for costs incurred by the Black Lung Disability Trust Fund in the
    current fiscal year, such sums as may be necessary.

       advances to the employment security administration account of the
                            unemployment trust fund

                                  (rescission)

        Amounts remaining unobligated under this heading as of September
    30, 1995, are hereby rescinded.

            payments to the unemployment trust fund and other funds

                                  (rescission)

        Of the amounts remaining unobligated under this heading as of
    September 30, 1995, $266,000,000 are hereby rescinded.

                             program administration

        For expenses of administering employment and training programs and
    for carrying out section 908 of the Social Security Act, $83,054,000,
    together with not to exceed $40,793,000, which may be expended from the
    Employment Security Administration account in the Unemployment Trust
    Fund.

                  Pension and Welfare Benefits Administration

                             salaries and expenses

        For necessary expenses for Pension and Welfare Benefits
    Administration, $65,198,000.

                      Pension Benefit Guaranty Corporation

                   pension benefit guaranty corporation fund

        The Pension Benefit Guaranty Corporation is authorized to make such
    expenditures, including financial assistance authorized by section 104
    of Public Law 96-364, within limits of funds and borrowing authority
    available to such Corporation, and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of the Government Corporation Control Act, as
    amended (31 U.S.C. 9104), as may be necessary in carrying out the
    program through September 30, 1996, for such Corporation: Provided,
    That not to exceed $10,603,000 shall be available for administrative
    expenses of the Corporation: Provided further, That expenses of such
    Corporation in connection with the collection of premiums, the
    termination of pension plans, for the acquisition, protection or
    management, and investment of trust assets, and for benefits
    administration services shall be considered as non-administrative
    expenses for the purposes hereof, and excluded from the above
    limitation.

                      Employment Standards Administration

                             salaries and expenses

        For necessary expenses for the Employment Standards Administration,
    including reimbursement to State, Federal, and local agencies and their
    employees for inspection services rendered, $254,756,000, together with
    $978,000 which may be expended from the Special Fund in accordance with
    sections 39(c) and 44(j) of the Longshore and Harbor Workers'
    Compensation Act: Provided, That the Secretary of Labor is authorized
    to accept, retain, and spend, until expended, in the name of the
    Department of Labor, all sums of money ordered to be paid to the
    Secretary of Labor, in accordance with the terms of the Consent
    Judgment in Civil Action No. 91-0027 of the United States District
    Court for the District of the Northern Mariana Islands (May 21, 1992):
    Provided further, That the Secretary of Labor is authorized to
    establish and, in accordance with 31 U.S.C. 3302, collect and deposit
    in the Treasury fees for processing applications and issuing
    certificates under sections 11(d) and 14 of the Fair Labor Standards
    Act of 1938, as amended (29 U.S.C. 211(d) and 214) and for processing
    applications and issuing registrations under Title I of the Migrant and
    Seasonal Agricultural Worker Protection Act, 29 U.S.C. 1801 et seq.

                                special benefits

                         (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior
    fiscal year authorized by title 5, chapter 81 of the United States
    Code; continuation of benefits as provided for under the head
    ``Civilian War Benefits'' in the Federal Security Agency Appropriation
    Act, 1947; the Employees' Compensation Commission Appropriation Act,
    1944; and sections 4(c) and 5(f) of the War Claims Act of 1948 (50
    U.S.C. App. 2012); and 50 per centum of the additional compensation and
    benefits required by section 10(h) of the Longshore and Harbor Workers'
    Compensation Act, as amended, $218,000,000 together with such amounts
    as may be necessary to be charged to the subsequent year appropriation
    for the payment of compensation and other benefits for any period
    subsequent to August 15 of the current year: Provided, That such sums
    as are necessary may be used under section 8104 of title 5, United
    States Code, by the Secretary to reimburse an employer, who is not the
    employer at the time of injury, for portions of the salary of a
    reemployed, disabled beneficiary: Provided further, That balances of
    reimbursements unobligated on September 30, 1995, shall remain
    available until expended for the payment of compensation, benefits, and
    expenses: Provided further, That in addition there shall be transferred
    to this appropriation from the Postal Service and from any other
    corporation or instrumentality required under section 8147(c) of title
    5, United States Code, to pay an amount for its fair share of the cost
    of administration, such sums as the Secretary of Labor determines to be
    the cost of administration for employees of such fair share entities
    through September 30, 1996: Provided further, That of those funds
    transferred to this account from the fair share entities to pay the
    cost of administration, $19,383,000 shall be made available to the
    Secretary of Labor for expenditures relating to capital improvements in
    support of Federal Employees' Compensation Act administration, and the
    balance of such funds shall be paid into the Treasury as miscellaneous
    receipts: Provided further, That the Secretary may require that any
    person filing a notice of injury or a claim for benefits under
    Subchapter 5, U.S.C., chapter 81, or under subchapter 33, U.S.C. 901,
    et seq. (the Longshore and Harbor Workers' Compensation Act, as
    amended), provide as part of such notice and claim, such identifying
    information (including Social Security account number) as such
    regulations may prescribe.

                        black lung disability trust fund

                         (including transfer of funds)

        For payments from the Black Lung Disability Trust Fund,
    $996,763,000, of which $949,494,000 shall be available until September
    30, 1997, for payment of all benefits as authorized by section 9501(d)
    (1), (2), (4), and (7), of the Internal Revenue Code of 1954, as
    amended, and interest on advances as authorized by section 9501(c)(2)
    of that Act, and of which $27,350,000 shall be available for transfer
    to Employment Standards Administration, Salaries and Expenses, and
    $19,621,000 for transfer to Departmental Management, Salaries and
    Expenses, and $298,000 for transfer to Departmental Management, Office
    of Inspector General, for expenses of operation and administration of
    the Black Lung Benefits program as authorized by section 9501(d)(5)(A)
    of that Act: Provided, That in addition, such amounts as may be
    necessary may be charged to the subsequent year appropriation for the
    payment of compensation, interest, or other benefits for any period
    subsequent to August 15 of the current year: Provided further, That in
    addition such amounts shall be paid from this fund into miscellaneous
    receipts as the Secretary of the Treasury determines to be the
    administrative expenses of the Department of the Treasury for
    administering the fund during the current fiscal year, as authorized by
    section 9501(d)(5)(B) of that Act.

                 Occupational Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $288,985,000 including not to exceed $70,615,000 which
    shall be the maximum amount available for grants to States under
    section 23(g) of the Occupational Safety and Health Act, which grants
    shall be no less than fifty percent of the costs of State occupational
    safety and health programs required to be incurred under plans approved
    by the Secretary under section 18 of the Occupational Safety and Health
    Act of 1970; and, in addition, notwithstanding 31 U.S.C. 3302, the
    Occupational Safety and Health Administration may retain up to $750,000
    per fiscal year of training institute course tuition fees, otherwise
    authorized by law to be collected, and may utilize such sums for
    occupational safety and health training and education grants: Provided,
    That none of the funds appropriated under this paragraph shall be
    obligated or expended to prescribe, issue, administer, or enforce any
    standard, rule, regulation, or order under the Occupational Safety and
    Health Act of 1970 which is applicable to any person who is engaged in
    a farming operation which does not maintain a temporary labor camp and
    employs ten or fewer employees: Provided further, That no funds
    appropriated under this paragraph shall be obligated or expended to
    administer or enforce any standard, rule, regulation, or order under
    the Occupational Safety and Health Act of 1970 with respect to any
    employer of ten or fewer employees who is included within a category
    having an occupational injury lost workday case rate, at the most
    precise Standard Industrial Classification Code for which such data are
    published, less than the national average rate as such rates are most
    recently published by the Secretary, acting through the Bureau of Labor
    Statistics, in accordance with section 24 of that Act (29 U.S.C. 673),
    except--
                (1) to provide, as authorized by such Act, consultation,
            technical assistance, educational and training services, and to
            conduct surveys and studies;
                (2) to conduct an inspection or investigation in response
            to an employee complaint, to issue a citation for violations
            found during such inspection, and to assess a penalty for
            violations which are not corrected within a reasonable
            abatement period and for any willful violations found;
                (3) to take any action authorized by such Act with respect
            to imminent dangers;
                (4) to take any action authorized by such Act with respect
            to health hazards;
                (5) to take any action authorized by such Act with respect
            to a report of an employment accident which is fatal to one or
            more employees or which results in hospitalization of two or
            more employees, and to take any action pursuant to such
            investigation authorized by such Act; and
                (6) to take any action authorized by such Act with respect
            to complaints of discrimination against employees for
            exercising rights under such Act:
    Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs ten or fewer employees.

                     Mine Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Mine Safety and Health
    Administration, $196,673,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles; the Secretary is
    authorized to accept lands, buildings, equipment, and other
    contributions from public and private sources and to prosecute projects
    in cooperation with other agencies, Federal, State, or private; the
    Mine Safety and Health Administration is authorized to promote health
    and safety education and training in the mining community through
    cooperative programs with States, industry, and safety associations;
    and any funds available to the Department may be used, with the
    approval of the Secretary, to provide for the costs of mine rescue and
    survival operations in the event of a major disaster: Provided, That
    none of the funds appropriated under this paragraph shall be obligated
    or expended to carry out section 115 of the Federal Mine Safety and
    Health Act of 1977 or to carry out that portion of section 104(g)(1) of
    such Act relating to the enforcement of any training requirements, with
    respect to shell dredging, or with respect to any sand, gravel, surface
    stone, surface clay, colloidal phosphate, or surface limestone mine.

                           Bureau of Labor Statistics

                             salaries and expenses

        For necessary expenses for the Bureau of Labor Statistics,
    including advances or reimbursements to State, Federal, and local
    agencies and their employees for services rendered, $292,462,000, of
    which $11,549,000 shall be for expenses of revising the Consumer Price
    Index and shall remain available until September 30, 1997, together
    with not to exceed $49,997,000, which may be expended from the
    Employment Security Administration account in the Unemployment Trust
    Fund.

                            Departmental Management

                             salaries and expenses

        For necessary expenses for Departmental Management, including the
    hire of three sedans, and including up to $4,358,000 for the
    President's Committee on Employment of People With Disabilities,
    $140,077,000; together with not to exceed $303,000, which may be
    expended from the Employment Security Administration account in the
    Unemployment Trust Fund: Provided, That no funds made available by this
    Act may be used by the Solicitor of Labor to participate in a review in
    any United States court of appeals of any decision made by the Benefits
    Review Board under Section 21 of the Longshore and Harbor Workers'
    Compensation Act (33 U.S.C. 921) where such participation is precluded
    by the decision of the United States Supreme Court in Director, Office
    of Workers' Compensation Programs v. Newport News Shipbuilding, 115 S.
    Ct. 1278, (1995): Provided further, That no funds made available by
    this Act may be used by the Secretary of Labor after September 12,
    1996, to review a decision under the Longshore and Harbor Workers'
    Compensation Act (33 U.S.C. 901 et seq.) that has been appealed and
    that has been pending before the Benefits Review Board for more than 12
    months: Provided further, That any such decision pending a review by
    the Benefits Review Board for more than one year shall, if not acted
    upon by the Board before September 12, 1996, be considered affirmed by
    the Benefits Review Board on that date, and shall be considered the
    final order of the Board for purposes of obtaining a review in the
    United States courts of appeals: Provided further, That beginning on
    September 13, 1996, the Benefits Review Board shall make a decision on
    an appeal of a decision under the Longshore and Harbor Workers'
    Compensation Act (33 U.S.C. 901 et seq.) not later than 1 year after
    the date the appeal to the Benefits Review Board was filed; however, if
    the Benefits Review Board fails to make a decision within the 1-year
    period, the decision under review shall be considered the final order
    of the Board for purposes of obtaining a review in the United States
    courts of appeals.

                              working capital fund

        The language under this heading in Public Law 85-67, as amended, is
    further amended by adding the following before the last period: ``:
    Provided further, That within the Working Capital Fund, there is
    established an Investment in Reinvention Fund (IRF), which shall be
    available to invest in projects of the Department designed to produce
    measurable improvements in agency efficiency and significant taxpayer
    savings. Notwithstanding any other provision of law, the Secretary of
    Labor may retain up to $3,900,000 of the unobligated balances in the
    Department's annual Salaries and Expenses accounts as of September 30,
    1995, and transfer those amounts to the IRF to provide the initial
    capital for the IRF, to remain available until expended, to make loans
    to agencies of the Department for projects designed to enhance
    productivity and generate cost savings. Such loans shall be repaid to
    the IRF no later than September 30 of the fiscal year following the
    fiscal year in which the project is completed. Such repayments shall be
    deposited in the IRF, to be available without further appropriation
    action.''

            assistant secretary for veterans employment and training

        Not to exceed $170,390,000 may be derived from the Employment
    Security Administration account in the Unemployment Trust Fund to carry
    out the provisions of 38 U.S.C. 4100-4110A and 4321-4327, and Public
    Law 103-353, and which shall be available for obligation by the States
    through December 31, 1996.

                          office of inspector general

        For salaries and expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $44,426,000, together with not to exceed $3,615,000, which may
    be expended from the Employment Security Administration account in the
    Unemployment Trust Fund.

                               GENERAL PROVISIONS

        Sec. 101. None of the funds appropriated in this title for the Job
    Corps shall be used to pay the compensation of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of $125,000.
        Sec. 102. None of the funds made available in this Act may be used
    by the Occupational Safety and Health Administration to promulgate or
    issue any proposed or final standard or guideline regarding ergonomic
    protection. Nothing in this section shall be construed to limit the
    Occupational Safety and Health Administration from conducting any peer
    reviewed risk assessment activity regarding ergonomics, including
    conducting peer reviews of the scientific basis for establishing any
    standard or guideline, direct or contracted research, or other activity
    necessary to fully establish the scientific basis for promulgating any
    standard or guideline on ergonomic protection.

                              (transfer of funds)

        Sec. 103. Not to exceed 1 percent of any appropriation made
    available for the current fiscal year for the Department of Labor in
    this Act may be transferred between such appropriations, but no such
    appropriation shall be increased by more than 3 percent by any such
    transfers: Provided, That the Appropriations Committees of both Houses
    of Congress are notified at least fifteen days in advance of any
    transfers.
        This title may be cited as the ``Department of Labor Appropriations
    Act, 1996''.

               TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                         health resources and services

        For carrying out titles II, III, VII, VIII, X, XVI, XIX, and XXVI
    of the Public Health Service Act, section 427(a) of the Federal Coal
    Mine Health and Safety Act, title V of the Social Security Act, the
    Health Care Quality Improvement Act of 1986, as amended, Public Law
    101-527, and the Native Hawaiian Health Care Act of 1988, as amended,
    $2,954,864,000, of which $411,000 shall remain available until expended
    for interest subsidies on loan guarantees made prior to fiscal year
    1981 under part B of title VII of the Public Health Service Act:
    Provided, That the Division of Federal Occupational Health may utilize
    personal services contracting to employ professional management/
    administrative, and occupational health professionals: Provided
    further, That of the funds made available under this heading, $858,000
    shall be available until expended for facilities renovations at the
    Gillis W. Long Hansen's Disease Center: Provided further, That in
    addition to fees authorized by section 427(b) of the Health Care
    Quality Improvement Act of 1986, fees shall be collected for the full
    disclosure of information under the Act sufficient to recover the full
    costs of operating the National Practitioner Data Bank, and shall
    remain available until expended to carry out that Act: Provided
    further, That no more than $5,000,000 is available for carrying out the
    provisions of Public Law 102-501 as amended: Provided further, That of
    the funds made available under this heading, $193,349,000 shall be for
    the program under title X of the Public Health Service Act to provide
    for voluntary family planning projects: Provided further, That amounts
    provided to said projects under such title shall not be expended for
    abortions, that all pregnancy counseling shall be nondirective, and
    that such amounts shall not be expended for any activity (including the
    publication or distribution of literature) that in any way tends to
    promote public support or opposition to any legislative proposal or
    candidate for public office: Provided further, That notwithstanding any
    other provision of law, funds made available under this heading may be
    used to continue operating the Council on Graduate Medical Education
    established by section 301 of Public Law 102-408: Provided further,
    That the Secretary shall use amounts available for section 2603(b) of
    the Public Health Service Act as necessary to ensure that fiscal year
    1996 grant awards made under section 2603(a) of such Act to eligible
    areas that received such grants in fiscal year 1995 are not less than
    the fiscal year 1995 level: Provided further, That of the amounts
    available for Area Health Education Centers, $24,125,000 shall be for
    section 746(i)(1)(A) of the Health Professions Education Extension
    Amendments of 1992, notwithstanding section 746(i)(1)(C).

                   medical facilities guarantee and loan fund

               federal interest subsidies for medical facilities

        For carrying out subsections (d) and (e) of section 1602 of the
    Public Health Service Act, $8,000,000, together with any amounts
    received by the Secretary in connection with loans and loan guarantees
    under title VI of the Public Health Service Act, to be available
    without fiscal year limitation for the payment of interest subsidies.
    During the fiscal year, no commitments for direct loans or loan
    guarantees shall be made.

                   health education assistance loans program

        For the cost of guaranteed loans, such sums as may be necessary to
    carry out the purpose of the program, as authorized by title VII of the
    Public Health Service Act, as amended: 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: Provided further,
    That these funds are available to subsidize gross obligations for the
    total loan principal any part of which is to be guaranteed at not to
    exceed $210,000,000. In addition, for administrative expenses to carry
    out the guaranteed loan program, $2,688,000.

                 vaccine injury compensation program trust fund

        For payments from the Vaccine Injury Compensation Program Trust
    Fund, such sums as may be necessary for claims associated with vaccine-
    related injury or death with respect to vaccines administered after
    September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
    Health Service Act, to remain available until expended: Provided, That
    for necessary administrative expenses, not to exceed $3,000,000 shall
    be available from the Trust Fund to the Secretary of Health and Human
    Services.

                          vaccine injury compensation

        For payment of claims resolved by the United States Court of
    Federal Claims related to the administration of vaccines before October
    1, 1988, $110,000,000, to remain available until expended.

           Substance Abuse and Mental Health Services Administration

                   substance abuse and mental health services

        For carrying out titles V and XIX of the Public Health Service Act
    with respect to substance abuse and mental health services, the
    Protection and Advocacy for Mentally Ill Individuals Act of 1986, and
    section 301 of the Public Health Service Act with respect to program
    management, $1,800,469,000.

         retirement pay and medical benefits for commissioned officers

        For retirement pay and medical benefits of Public Health Service
    Commissioned Officers as authorized by law, and for payments under the
    Retired Serviceman's Family Protection Plan and Survivor Benefit Plan
    and for medical care of dependents and retired personnel under the
    Dependents' Medical Care Act (10 U.S.C. ch. 55), and for payments
    pursuant to section 229(b) of the Social Security Act (42 U.S.C.
    429(b)), such amounts as may be required during the current fiscal
    year.

                   Agency for Health Care Policy and Research

                        health care policy and research

        For carrying out titles III and IX of the Public Health Service
    Act, and part A of title XI of the Social Security Act, $65,390,000; in
    addition, amounts received from Freedom of Information Act fees,
    reimbursable and interagency agreements, and the sale of data tapes
    shall be credited to this appropriation and shall remain available
    until expended: Provided, That the amount made available pursuant to
    section 926(b) of the Public Health Service Act shall not exceed
    $63,080,000.

                      Health Care Financing Administration

                         grants to states for medicaid

        For carrying out, except as otherwise provided, titles XI and XIX
    of the Social Security Act, $55,094,355,000, to remain available until
    expended.
        For making, after May 31, 1996, payments to States under title XIX
    of the Social Security Act for the last quarter of fiscal year 1996 for
    unanticipated costs, incurred for the current fiscal year, such sums as
    may be necessary.
        For making payments to States under title XIX of the Social
    Security Act for the first quarter of fiscal year 1997,
    $26,155,350,000, to remain available until expended.
        Payment under title XIX may be made for any quarter with respect to
    a State plan or plan amendment in effect during such quarter, if
    submitted in or prior to such quarter and approved in that or any
    subsequent quarter.

                      payments to health care trust funds

        For payment to the Federal Hospital Insurance and the Federal
    Supplementary Medical Insurance Trust Funds, as provided under sections
    217(g) and 1844 of the Social Security Act, sections 103(c) and 111(d)
    of the Social Security Amendments of 1965, section 278(d) of Public Law
    97-248, and for administrative expenses incurred pursuant to section
    201(g) of the Social Security Act, $63,313,000,000.

                               program management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    and XIX of the Social Security Act, and title XIII of the Public Health
    Service Act, the Clinical Laboratory Improvement Amendments of 1988,
    and section 4005(e) of Public Law 100-203, not to exceed
    $2,111,406,000, together with all funds collected in accordance with
    section 353 of the Public Health Service Act, the latter funds to
    remain available until expended, together with such sums as may be
    collected from authorized user fees and the sale of data, which shall
    remain available until expended, the $2,111,406,000, to be transferred
    to this appropriation as authorized by section 201(g) of the Social
    Security Act, from the Federal Hospital Insurance and the Federal
    Supplementary Medical Insurance Trust Funds: Provided, That all funds
    derived in accordance with 31 U.S.C. 9701 from organizations
    established under title XIII of the Public Health Service Act are to be
    credited to this appropriation.

          health maintenance organization loan and loan guarantee fund

        For carrying out subsections (d) and (e) of section 1308 of the
    Public Health Service Act, any amounts received by the Secretary in
    connection with loans and loan guarantees under title XIII of the
    Public Health Service Act, to be available without fiscal year
    limitation for the payment of outstanding obligations. During fiscal
    year 1996, no commitments for direct loans or loan guarantees shall be
    made.

                    Administration for Children and Families

                       family support payments to states

        For making payments to States or other non-Federal entities, except
    as otherwise provided, under titles I, IV-A (other than section
    402(g)(6)) and D, X, XI, XIV, and XVI of the Social Security Act, and
    the Act of July 5, 1960 (24 U.S.C. ch. 9), $13,614,307,000, to remain
    available until expended.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under titles I, IV-A and D, X, XI,
    XIV, and XVI of the Social Security Act, for the last three months of
    the current year for unanticipated costs, incurred for the current
    fiscal year, such sums as may be necessary.
        For making payments to States or other non-Federal entities under
    titles I, IV-A (other than section 402(g)(6)) and D, X, XI, XIV, and
    XVI of the Social Security Act and the Act of July 5, 1960 (24 U.S.C.
    ch. 9) for the first quarter of fiscal year 1997, $4,800,000,000, to
    remain available until expended.

                       job opportunities and basic skills

        For carrying out aid to families with dependent children work
    programs, as authorized by part F of title IV of the Social Security
    Act, $1,000,000,000.

                       low income home energy assistance

                             (including rescission)

        Of the funds made available beginning on October 1, 1995 under this
    heading in Public Law 103-333, $100,000,000 are hereby rescinded.
        For making payments under title XXVI of the Omnibus Budget
    Reconciliation Act of 1981, $1,000,000,000, to be available for
    obligation in the period October 1, 1996 through September 30, 1997.
        For making payments under title XXVI of the Omnibus Budget
    Reconciliation Act of 1981, an additional $300,000,000 to remain
    available until expended: Provided, That all of the funds available
    under this paragraph are hereby designated by Congress to be emergency
    requirements pursuant to section 251(b)(2)(D) of the Balanced Budget
    and Emergency Deficit Control Act of 1985: Provided further, That these
    funds shall be made available only after submission to Congress of a
    formal budget request by the President that includes designation of the
    entire amount of the request as an emergency requirement as defined in
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                         refugee and entrant assistance

        For making payments for refugee and entrant assistance activities
    authorized by title IV of the Immigration and Nationality Act and
    section 501 of the Refugee Education Assistance Act of 1980 (Public Law
    96-422), $397,872,000: Provided, That funds appropriated pursuant to
    section 414(a) of the Immigration and Nationality Act under Public Law
    103-112 for fiscal year 1994 shall be available for the costs of
    assistance provided and other activities conducted in such year and in
    fiscal years 1995 and 1996.

                     child care and development block grant

        For carrying out sections 658A through 658R of the Omnibus Budget
    Reconciliation Act of 1981 (The Child Care and Development Block Grant
    Act of 1990), $934,642,000, which shall be available for obligation
    under the same statutory terms and conditions applicable in the prior
    fiscal year.

                          social services block grant

        For making grants to States pursuant to section 2002 of the Social
    Security Act, $2,380,000,000: Provided, That notwithstanding section
    2003(c) of such Act, the amount specified for allocation under such
    section for fiscal year 1996 shall be $2,380,000,000.

                    children and families services programs

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance and Bill
    of Rights Act, the Head Start Act, the Child Abuse Prevention and
    Treatment Act, the Family Violence Prevention and Services Act, the
    Native American Programs Act of 1974, title II of Public Law 95-266
    (adoption opportunities), the Temporary Child Care for Children with
    Disabilities and Crisis Nurseries Act of 1986, the Abandoned Infants
    Assistance Act of 1988, and part B(1) of title IV of the Social
    Security Act; for making payments under the Community Services Block
    Grant Act; and for necessary administrative expenses to carry out said
    Acts and titles I, IV, X, XI, XIV, XVI, and XX of the Social Security
    Act, the Act of July 5, 1960 (24 U.S.C. ch. 9), the Omnibus Budget
    Reconciliation Act of 1981, title IV of the Immigration and Nationality
    Act, section 501 of the Refugee Education Assistance Act of 1980, and
    section 126 and titles IV and V of Public Law 100-485, $4,585,546,000;
    of which $435,463,000 shall be for making payments under the Community
    Services Block Grant Act: Provided, That to the extent Community
    Services Block Grant funds are distributed as grant funds by a State to
    an eligible entity as provided under the Act, and have not been
    expended by such entity, they shall remain with such entity for
    carryover into the next fiscal year for expenditure by such entity
    consistent with program purposes.
        In addition, $21,358,000, to be derived from the Violent Crime
    Reduction Trust Fund, for carrying out sections 40155, 40211, 40241,
    and 40251 of Public Law 103-322.

                        family preservation and support

        For carrying out section 430 of the Social Security Act,
    $225,000,000.

           payments to states for foster care and adoption assistance

        For making payments to States or other non-Federal entities, under
    title IV-E of the Social Security Act, $4,322,238,000.

                            Administration on Aging

                            aging services programs

        For carrying out, to the extent not otherwise provided, the Older
    Americans Act of 1965, as amended, $831,027,000: Provided, That
    notwithstanding section 308(b)(1) of such Act, the amounts available to
    each State for administration of the State plan under title III of such
    Act shall be reduced not more than 5 percent below the amount that was
    available to such State for such purpose for fiscal year 1995.

                            Office of the Secretary

                        general departmental management

        For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six medium sedans, and for
    carrying out titles III, XVII, XX, and XXI of the Public Health Service
    Act, $130,499,000, together with $6,628,000, to be transferred and
    expended as authorized by section 201(g)(1) of the Social Security Act
    from the Hospital Insurance Trust Fund and the Supplemental Medical
    Insurance Trust Fund.

                          office of inspector general

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $58,492,000, together with not to exceed $20,670,000, to be
    transferred and expended as authorized by section 201(g)(1) of the
    Social Security Act from the Hospital Insurance Trust Fund and the
    Supplemental Medical Insurance Trust Fund, together with any funds, to
    remain available until expended, that represent the equitable share
    from the forfeiture of property in investigations in which the Office
    of Inspector General participated, and which are transferred to the
    Office of the Inspector General by the Department of Justice, the
    Department of the Treasury, or the United States Postal Service.

                            office for civil rights

        For expenses necessary for the Office for Civil Rights,
    $16,153,000, together with not to exceed $3,314,000, to be transferred
    and expended as authorized by section 201(g)(1) of the Social Security
    Act from the Hospital Insurance Trust Fund and the Supplemental Medical
    Insurance Trust Fund.

                                policy research

        For carrying out, to the extent not otherwise provided, research
    studies under section 1110 of the Social Security Act, $9,000,000.

                public health and social services emergency fund

        For expenses necessary to prepare to respond to the health and
    medical consequences of nuclear, chemical, or biologic attack in the
    United States, $7,000,000, to remain available until expended and, in
    addition, for clinical trials, applying imaging technology used for
    missile guidance and target recognition to new uses improving the early
    detection of breast cancer, $2,000,000, to remain available until
    expended.

                               GENERAL PROVISIONS

        Sec. 201. Funds appropriated in this title shall be available for
    not to exceed $37,000 for official reception and representation
    expenses when specifically approved by the Secretary.
        Sec. 202. The Secretary shall make available through assignment not
    more than 60 employees of the Public Health Service to assist in child
    survival activities and to work in AIDS programs through and with funds
    provided by the Agency for International Development, the United
    Nations International Children's Emergency Fund or the World Health
    Organization.
        Sec. 203. None of the funds appropriated under this Act may be used
    to implement section 399L(b) of the Public Health Service Act.
        Sec. 204. None of the funds made available by this Act may be used
    to withhold payment to any State under the Child Abuse Prevention and
    Treatment Act by reason of a determination that the State is not in
    compliance with section 1340.2(d)(2)(ii) of title 45 of the Code of
    Federal Regulations. This provision expires upon the date of enactment
    of the reauthorization of the Child Abuse Prevention and Treatment Act
    or upon September 30, 1996, whichever occurs first.
        Sec. 205. None of the funds appropriated in this or any other Act
    for the National Institutes of Health and the Substance Abuse and
    Mental Health Services Administration shall be used to pay the salary
    of an individual, through a grant or other extramural mechanism, at a
    rate in excess of $125,000 per year.
        Sec. 206. None of the funds appropriated in this Act may be
    expended pursuant to section 241 of the Public Health Service Act,
    except for funds specifically provided for in this Act, prior to the
    Secretary's preparation and submission of a report to the Committee on
    Appropriations of the Senate and of the House detailing the planned
    uses of such funds.

                              (transfer of funds)

        Sec. 207. Of the funds appropriated or otherwise made available for
    the Department of Health and Human Services, General Departmental
    Management, for fiscal year 1996, the Secretary of Health and Human
    Services shall transfer to the Office of the Inspector General such
    sums as may be necessary for any expenses with respect to the provision
    of security protection for the Secretary of Health and Human Services.
        Sec. 208. Notwithstanding section 106 of Public Law 104-91,
    appropriations for the National Institutes of Health and the Centers
    for Disease Control and Prevention shall be available for fiscal year
    1996 as specified in section 101 of Public Law 104-91.

                                  (rescission)

        Sec. 209. Of the amounts made available under the account heading
    ``Disease Control, Research, and Training'' under the Centers for
    Disease Control and Prevention, Department of Health and Human Services
    in Public Law 103-333, Public Law 103-112, and Public Law 102-394 for
    immunization activities, $53,000,000 are hereby rescinded.
        Sec. 210. Of the funds provided for the account heading ``Disease
    Control, Research, and Training'' in Public Law 104-91, $31,642,000, to
    be derived from the Violent Crime Reduction Trust Fund, is hereby
    available for carrying out sections 40151, 40261, and 40293 of Public
    Law 103-322 notwithstanding any provision of Public Law 104-91.
        Sec. 211. The Director of the Centers for Disease Control and
    Prevention may redirect the total amount made available under the
    authority of Public Law 101-502, section 3, dated November 3, 1990, to
    activities the Director may so designate: Provided, That the Congress
    is to be notified promptly of any such transfer.

                              (transfer of funds)

        Sec. 212. Notwithstanding any other provision of this Act or of
    Public Law 104-91, the Director of the Office of AIDS Research,
    National Institutes of Health, in consultation with the Director,
    National Institutes of Health, may transfer up to 3 percent among
    Institutes from the total amounts identified in each Institute for AIDS
    research: Provided, That such transfers shall be within 30 days of
    enactment of this Act and be based on the scientific priorities
    established in the plan developed by the Director in accordance with
    section 2353 of Public Law 103-43: Provided further, That the Congress
    is promptly notified of the transfer.
        Sec. 213. If the Secretary fails to approve the application for
    waivers related to the Achieving Change for Texans, a comprehensive
    reform of the Texas Aid To Families With Dependent Children program
    designed to encourage work instead of welfare, a request under section
    1115(a) of the Social Security Act submitted by the Texas Department of
    Human Services on September 30, 1995, by the date of enactment of this
    Act, notwithstanding the Secretary's authority to approve the
    applications under such section, the application shall be deemed
    approved.
        Sec. 214. (a) Reimbursement of Certain Claims Under the Medicaid
    Program.--Notwithstanding any other provision of law, and subject to
    subsection (b), in the case where payment has been made by a State
    under title XIX of the Social Security Act between December 31, 1993,
    and December 31, 1995, to a State-operated psychiatric hospital for
    services provided directly by the hospital or by providers under
    contract or agreement with the hospital, and the Secretary of Health
    and Human Services has notified the State that the Secretary intends to
    defer the determination of claims for reimbursement related to such
    payment but for which a deferral of such claims has not been taken as
    of March 1, 1996, (or, if such claims have been deferred as of such
    date, such claims have not been disallowed by such date), the Secretary
    shall--
                (1) if, as of the date of the enactment of this title, such
            claims have been formally deferred or disallowed, discontinue
            any such action, and if a disallowance of such claims has been
            taken as of such date, rescind any payment reductions effected;
                (2) not initiate any deferral or disallowance proceeding
            related to such claims; and
                (3) allow reimbursement of such claims.
        (b) Limitation on Rescission or Reimbursement of Claims.--The total
    amount of payment reductions rescinded or reimbursement of claims
    allowed under subsection (a) shall not exceed $54,000,000.
        (c) Offset of Funds.--Notwithstanding any other provision of this
    Act, the amounts on lines 5 and 8 of page 570 (relating to the Social
    Services Block Grant) shall each be reduced by $70,000,000.
        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 1996''.

                       TITLE III--DEPARTMENT OF EDUCATION

                                education reform

        For carrying out activities authorized by titles III and IV of the
    Goals 2000: Educate America Act and the School-to-Work Opportunities
    Act, $385,000,000, of which $290,000,000 for the Goals 2000: Educate
    America Act and $95,000,000 for the School-to-Work Opportunities Act
    which shall become available on July 1, 1996, and remain available
    through September 30, 1997: Provided, That notwithstanding section
    311(e) of Public Law 103-227, the Secretary is authorized to grant up
    to six additional State education agencies authority to waive Federal
    statutory or regulatory requirements for fiscal year 1996 and
    succeeding fiscal years.

                        education for the disadvantaged

        For carrying out title I of the Elementary and Secondary Education
    Act of 1965, and section 418A of the Higher Education Act,
    $6,513,511,000, of which $6,497,172,000 shall become available on July
    1, 1996 and shall remain available through September 30, 1997:
    Provided, That $5,266,863,000 shall be available for basic grants under
    section 1124: Provided further, That up to $3,500,000 of these funds
    shall be available to the Secretary on October 1, 1995, to obtain
    updated local-educational-agency-level census poverty data from the
    Bureau of the Census: Provided further, That $692,341,000 shall be
    available for concentration grants under section 1124(A) and $3,370,000
    shall be available for evaluations under section 1501.

                                   impact aid

        For carrying out programs of financial assistance to federally
    affected schools authorized by title VIII of the Elementary and
    Secondary Education Act of 1965, $691,159,000, of which $581,170,000
    shall be for basic support payments under section 8003(b), $40,000,000
    shall be for payments for children with disabilities under section
    8003(d), $50,000,000, to remain available until expended, shall be for
    payments under section 8003(f), $5,000,000 shall be for construction
    under section 8007, and $14,989,000 shall be for Federal property
    payments under section 8002.

                          school improvement programs

        For carrying out school improvement activities authorized by titles
    II, IV-A-1, V-A, VI, VII-B, and titles IX, X and XIII of the Elementary
    and Secondary Education Act of 1965; the Stewart B. McKinney Homeless
    Assistance Act; and the Civil Rights Act of 1964; $948,987,000 of which
    $775,760,000 shall become available on July 1, 1996, and remain
    available through September 30, 1997: Provided, That of the amount
    appropriated, $275,000,000 shall be for Eisenhower professional
    development State grants under title II-B and $275,000,000 shall be for
    innovative education program strategies State grants under title VI-A:
    Provided further, That not less than $3,000,000 shall be for innovative
    programs under section 5111.

                       bilingual and immigrant education

        For carrying out, to the extent not otherwise provided, bilingual
    and immigrant education activities authorized by title VII of the
    Elementary and Secondary Education Act, without regard to section
    7103(b), $150,000,000 of which $50,000,000 shall be for immigrant
    education programs authorized by part C: Provided, That State
    educational agencies may use all, or any part of, their part C
    allocation for competitive grants to local educational agencies.

                               special education

        For carrying out parts B, C, D, E, F, G, and H and section
    610(j)(2)(C) of the Individuals with Disabilities Education Act,
    $3,245,447,000, of which $3,000,000,000 shall become available for
    obligation on July 1, 1996, and shall remain available through
    September 30, 1997: Provided, That the Republic of the Marshall Islands
    and the Federated States of Micronesia shall be considered
    jurisdictions for the purposes of section 611(e)(1), of the Individuals
    with Disabilities Education Act: Provided further, That notwithstanding
    section 621(e), funds made available for section 621 shall be
    distributed among each of the regional centers and the Federal center
    in proportion to the amount that each such center received in fiscal
    year 1995.

                rehabilitation services and disability research

        For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973, the Technology-Related Assistance for
    Individuals with Disabilities Act, and the Helen Keller National Center
    Act, as amended, $2,452,620,000.

               Special Institutions for Persons With Disabilities

                     american printing house for the blind

        For carrying out the Act of March 3, 1879, as amended (20 U.S.C.
    101 et seq.), $6,680,000.

                   national technical institute for the deaf

        For the National Technical Institute for the Deaf under titles I
    and II of the Education of the Deaf Act of 1986 (20 U.S.C. 4301 et
    seq.), $42,180,000: Provided, That from the amount available, the
    Institute may at its discretion use funds for the endowment program as
    authorized under section 207.

                              gallaudet university

        For the Kendall Demonstration Elementary School, the Model
    Secondary School for the Deaf, and the partial support of Gallaudet
    University under titles I and II of the Education of the Deaf Act of
    1986 (20 U.S.C. 4301 et seq.), $77,629,000: Provided, That from the
    amount available, the University may at its discretion use funds for
    the endowment program as authorized under section 207.

                         vocational and adult education

        For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Vocational and Applied Technology Education Act, the Adult
    Education Act, and the National Literacy Act of 1991, $1,257,888,000,
    of which $4,869,000 shall be for the National Institute for Literacy,
    and of which $5,100,000 shall be available to carry out title VI of the
    National Literacy Act of 1991; and of which $1,254,969,000 shall become
    available on July 1, 1996 and shall remain available through September
    30, 1997: Provided, That of the amounts made available under the Carl
    D. Perkins Vocational and Applied Technology Education Act, $5,000,000
    shall be for national programs under title IV without regard to section
    451 and $350,000 shall be for evaluations under section 346(b) of the
    Act and no funds shall be available for State councils under section
    112.

                          student financial assistance

        For carrying out subparts 1, 3, and 4 of part A, part C, and part E
    of title IV of the Higher Education Act of 1965, as amended,
    $6,165,290,000, which shall remain available through September 30,
    1997: Provided, That notwithstanding section 401(a)(1) of the Act,
    there shall be not to exceed 3,634,000 Pell Grant recipients in award
    year 1995-1996.
        The maximum Pell Grant for which a student shall be eligible during
    award year 1996-1997 shall be $2,440: Provided, That notwithstanding
    section 401(g) of the Act, as amended, if the Secretary determines,
    prior to publication of the payment schedule for award year 1996-1997,
    that the $4,814,000,000 included within this appropriation for Pell
    Grant awards for award year 1996-1997, and any funds available from the
    fiscal year 1995 appropriation for Pell Grant awards, are insufficient
    to satisfy fully all such awards for which students are eligible, as
    calculated under section 401(b) of the Act, the amount paid for each
    such award shall be reduced by either a fixed or variable percentage,
    or by a fixed dollar amount, as determined in accordance with a
    schedule of reductions established by the Secretary for this purpose.

                 federal family education loan program account

        For Federal administrative expenses to carry out guaranteed student
    loans authorized by title IV, part B, of the Higher Education Act, as
    amended, $30,066,000.

                                higher education

        For carrying out, to the extent not otherwise provided, parts A and
    B of title III, without regard to section 360(a)(1)(B)(ii), chapters I
    and II of subpart 2 and subpart 6 of part A of title IV, subpart 2 of
    part E of title V, parts A, B and C of title VI, title VII, parts C, D,
    and G of title IX, part A and subpart 1 of part B of title X, and part
    A of title XI of the Higher Education Act of 1965, as amended, Public
    Law 102-423, and the Mutual Educational and Cultural Exchange Act of
    1961; $836,964,000, of which $16,712,000 for interest subsidies under
    title VII of the Higher Education Act, as amended, shall remain
    available until expended: Provided, That notwithstanding sections 419D,
    419E, and 419H of the Higher Education Act, as amended, scholarships
    made under title IV, part A, subpart 6 shall be prorated to maintain
    the same number of new scholarships in fiscal year 1996 as in fiscal
    year 1995.

                               howard university

        For partial support of Howard University (20 U.S.C. 121 et seq.),
    $174,671,000: Provided, That from the amount available, the University
    may at its discretion use funds for the endowment program as authorized
    under the Howard University Endowment Act (Public Law 98-480).

                       higher education facilities loans

        The Secretary is hereby authorized to make such expenditures,
    within the limits of funds available under this heading and in accord
    with law, and to make such contracts and commitments without regard to
    fiscal year limitation, as provided by section 104 of the Government
    Corporation Control Act (31 U.S.C. 9104), as may be necessary in
    carrying out the program for the current fiscal year.

             college housing and academic facilities loans program

        For administrative expenses to carry out the existing direct loan
    program of college housing and academic facilities loans entered into
    pursuant to title VII, part C, of the Higher Education Act, as amended,
    $700,000.

                             college housing loans

        Pursuant to title VII, part C of the Higher Education Act, as
    amended, for necessary expenses of the college housing loans program,
    previously carried out under title IV of the Housing Act of 1950, the
    Secretary shall make expenditures and enter into contracts without
    regard to fiscal year limitation using loan repayments and other
    resources available to this account. Any unobligated balances becoming
    available from fixed fees paid into this account pursuant to 12 U.S.C.
    1749d, relating to payment of costs for inspections and site visits,
    shall be available for the operating expenses of this account.

     historically black college and university capital financing, program
                                    account

        The total amount of bonds insured pursuant to section 724 of title
    VII, part B of the Higher Education Act shall not exceed $357,000,000,
    and the cost, as defined in section 502 of the Congressional Budget Act
    of 1974, of such bonds shall not exceed zero.
        For administrative expenses to carry out the Historically Black
    College and University Capital Financing Program entered into pursuant
    to title VII, part B of the Higher Education Act, as amended, $166,000.

                education research, statistics, and improvement

        For carrying out activities authorized by the Educational Research,
    Development, Dissemination, and Improvement Act; the National Education
    Statistics Act; sections 2102, 3134, and 3136, parts B, C, and D of
    title III, parts A, B, I, and K, and section 10601 of title X, part C
    of title XIII of the Elementary and Secondary Education Act of 1965, as
    amended, and title VI of the Goals 2000: Educate America Act,
    $328,268,000: Provided, That $4,000,000 shall be for section 10601 of
    the Elementary and Secondary Education Act: Provided further, That
    $25,000,000 shall be for sections 3136 and 3141 of the Elementary and
    Secondary Education Act: Provided further, That $51,000,000 shall be
    for regional laboratories, $5,000,000 shall be for International
    Education Exchange, and $3,000,000 shall be for the elementary
    mathematics and science equipment projects under the fund for the
    improvement of education: Provided further That funds shall be used to
    extend star schools partnership projects that received continuation
    grants in fiscal year 1995.

                                   libraries

        For carrying out, to the extent not otherwise provided, titles I,
    II, and III of the Library Services and Construction Act, and title II-
    B of the Higher Education Act, $131,505,000, of which $16,369,000 shall
    be used to carry out the provisions of title II of the Library Services
    and Construction Act and shall remain available until expended; and
    $2,500,000 shall be for section 222 and $2,000,000 shall be for section
    223 of the Higher Education Act: Provided, That $1,000,000 shall be
    awarded to a nonprofit foundation using multi-media technology to
    document and archive not less than 40,000 holocaust survivors'
    testimony: Provided further, That $1,000,000 shall be for the continued
    funding of an existing demonstration project making information
    available for public use by connecting Internet to a multistate
    consortium.

                            Departmental Management

                             program administration

        For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of
    conference rooms in the District of Columbia and hire of two passenger
    motor vehicles, $327,319,000.

                            office for civil rights

        For expenses necessary for the Office for Civil Rights, as
    authorized by section 203 of the Department of Education Organization
    Act, $55,451,000.

                        office of the inspector general

        For expenses necessary for the Office of the Inspector General, as
    authorized by section 212 of the Department of Education Organization
    Act, $28,654,000.

                            headquarters renovation

        For necessary expenses for the renovation of the Department of
    Education headquarters building, $7,000,000, to remain available until
    September 30, 1998.

                               GENERAL PROVISIONS

        Sec. 301. No funds appropriated in this Act may be used for the
    transportation of students or teachers (or for the purchase of
    equipment for such transportation) in order to overcome racial
    imbalance in any school or school system, or for the transportation of
    students or teachers (or for the purchase of equipment for such
    transportation) in order to carry out a plan of racial desegregation of
    any school or school system.
        Sec. 302. None of the funds contained in this Act shall be used to
    require, directly or indirectly, the transportation of any student to a
    school other than the school which is nearest the student's home,
    except for a student requiring special education, to the school
    offering such special education, in order to comply with title VI of
    the Civil Rights Act of 1964. For the purpose of this section an
    indirect requirement of transportation of students includes the
    transportation of students to carry out a plan involving the
    reorganization of the grade structure of schools, the pairing of
    schools, or the clustering of schools, or any combination of grade
    restructuring, pairing or clustering. The prohibition described in this
    section does not include the establishment of magnet schools.
        Sec. 303. No funds appropriated under this Act may be used to
    prevent the implementation of programs of voluntary prayer and
    meditation in the public schools.
        Sec. 304. Notwithstanding any other provision of law, funds
    available under section 458 of the Higher Education Act shall not
    exceed $460,000,000 for fiscal year 1996. The Department of Education
    shall pay (i) administrative cost allowances owed to guaranty agencies
    for fiscal year 1995 estimated at $95,000,000. The Department of
    Education shall pay administrative cost allowances to guaranty
    agencies, payable quarterly, calculated on the basis of 0.85 percent of
    the total principal amount of loans upon which insurance was issued on
    or after October 1, 1995 by such guaranty agency. Receipt of such funds
    and uses of such funds shall be in accordance with section 428(f).
        Notwithstanding section 458 of the Higher Education Act, the
    Secretary may not use funds available under that section or any other
    section for subsequent fiscal years for administrative expenses of the
    William D. Ford Direct Loan Program during fiscal year 1996, nor may
    the Secretary require the return of guaranty agency reserve funds
    during fiscal year 1996, except after consultation with appropriate
    committees of Congress.
        No funds available to the Secretary may be used for payment of
    administrative fees relating to the William D. Ford Direct Loan Program
    to institutions of higher education.
        Sec. 305. (a)(1) From any unobligated funds that are available to
    the Secretary of Education to carry out section 5 or 14 of the Act of
    September 23, 1950 (Public Law 815, 81st Congress) (as such Act was in
    effect on September 30, 1994) not less than $11,500,000 shall be
    available to the Secretary of Education to carry out subsection (b).
        (2) Any unobligated funds described in paragraph (1) that remain
    unobligated after the Secretary of Education carries out such paragraph
    shall be available to the Secretary of Education to carry out section
    8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
    7707).
        (b)(1) The Secretary of Education shall award the funds described
    in subsection (a)(1) to local educational agencies, under such terms
    and conditions as the Secretary of Education determines appropriate,
    for the construction of public elementary or secondary schools on
    Indian reservations or in school districts that--
                (A) the Secretary of Education determines are in dire need
            of construction funding;
                (B) contain a public elementary or secondary school that
            serves a student population which is 90 percent Indian
            students; and
                (C) serve students who are taught in inadequate or unsafe
            structures, or in a public elementary or secondary school that
            has been condemned.
        (2) A local educational agency that receives construction funding
    under this subsection for fiscal year 1996 shall not be eligible to
    receive any funds under section 8007 of the Elementary and Secondary
    Education Act of 1965 (20 U.S.C. 7707) for school construction for
    fiscal years 1996 and 1997.
        (3) As used in this subsection, the term ``construction'' has the
    meaning given that term in section 8013(3) of the Elementary and
    Secondary Education Act of 1965 (20 U.S.C. 7713(3)).
        (4) No request for construction funding under this subsection shall
    be approved unless the request is received by the Secretary of
    Education not later than 30 days after the date of enactment of this
    Act.
        Sec. 306. (a) Section 428(n) of the Higher Education Act of 1965
    (20 U.S.C. 1078(n)) is amended by adding at the end the following new
    paragraph:
                ``(5) Applicability to part d loans.--The provisions of
            this subsection shall apply to institutions of higher education
            participating in direct lending under part D with respect to
            loans made under such part, and for the purposes of this
            paragraph, paragraph (4) shall be applied by inserting `or part
            D' after `this part'.''.
        (b) The amendment made by subsection (a) shall take effect on July
    1, 1996.
        This title may be cited as the ``Department of Education
    Appropriations Act, 1996''.

                           TITLE IV--RELATED AGENCIES

                          Armed Forces Retirement Home

        For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the United States Soldiers' and Airmen's Home and
    the United States Naval Home, to be paid from funds available in the
    Armed Forces Retirement Home Trust Fund, $55,971,000, of which
    $1,954,000 shall remain available until expended for construction and
    renovation of the physical plants at the United States Soldiers' and
    Airmen's Home and the United States Naval Home: Provided, That this
    appropriation shall not be available for the payment of hospitalization
    of members of the Soldiers' and Airmen's Home in United States Army
    hospitals at rates in excess of those prescribed by the Secretary of
    the Army upon recommendation of the Board of Commissioners and the
    Surgeon General of the Army.

                 Corporation for National and Community Service

            domestic volunteer service programs, operating expenses

        For expenses necessary for the Corporation for National and
    Community Service to carry out the provisions of the Domestic Volunteer
    Service Act of 1973, as amended, $201,294,000, of which $5,024,000
    shall be available to carry out section 109 of the Domestic Volunteer
    Service Act of 1973.

                      Corporation for Public Broadcasting

        For payment to the Corporation for Public Broadcasting, as
    authorized by the Communications Act of 1934, an amount which shall be
    available within limitations specified by that Act, for the fiscal year
    1998, $250,000,000: Provided, That no funds made available to the
    Corporation for Public Broadcasting by this Act shall be used to pay
    for receptions, parties, or similar forms of entertainment for
    Government officials or employees: Provided further, That none of the
    funds contained in this paragraph shall be available or used to aid or
    support any program or activity from which any person is excluded, or
    is denied benefits, or is discriminated against, on the basis of race,
    color, national origin, religion, or sex.

                   Federal Mediation and Conciliation Service

                             salaries and expenses

        For expenses necessary for the Federal Mediation and Conciliation
    Service to carry out the functions vested in it by the Labor Management
    Relations Act, 1947 (29 U.S.C. 171-180, 182-183), including hire of
    passenger motor vehicles; and for expenses necessary for the Labor-
    Management Cooperation Act of 1978 (29 U.S.C. 175a); and for expenses
    necessary for the Service to carry out the functions vested in it by
    the Civil Service Reform Act, Public Law 95-454 (5 U.S.C. chapter 71),
    $32,396,000 including $1,500,000, to remain available through September
    30, 1997, for activities authorized by the Labor Management Cooperation
    Act of 1978 (29 U.S.C. 175a): Provided, That notwithstanding 31 U.S.C.
    3302, fees charged for special training activities up to full-cost
    recovery shall be credited to and merged with this account, and shall
    remain available until expended: Provided further, That the Director of
    the Service is authorized to accept on behalf of the United States
    gifts of services and real, personal, or other property in the aid of
    any projects or functions within the Director's jurisdiction.

                Federal Mine Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Federal Mine Safety and Health
    Review Commission (30 U.S.C. 801 et seq.), $6,200,000.

            National Commission on Libraries and Information Science

                             salaries and expenses

        For necessary expenses for the National Commission on Libraries and
    Information Science, established by the Act of July 20, 1970 (Public
    Law 91-345, as amended by Public Law 102-95), $829,000.

                         National Council on Disability

                             salaries and expenses

        For expenses necessary for the National Council on Disability as
    authorized by title IV of the Rehabilitation Act of 1973, as amended,
    $1,793,000.

                         National Education Goals Panel

        For expenses necessary for the National Education Goals Panel, as
    authorized by title II, part A of the Goals 2000: Educate America Act,
    $1,000,000.

                         National Labor Relations Board

                             salaries and expenses

        For expenses necessary for the National Labor Relations Board to
    carry out the functions vested in it by the Labor-Management Relations
    Act, 1947, as amended (29 U.S.C. 141-167), and other laws,
    $167,245,000: Provided, That no part of this appropriation shall be
    available to organize or assist in organizing agricultural laborers or
    used in connection with investigations, hearings, directives, or orders
    concerning bargaining units composed of agricultural laborers as
    referred to in section 2(3) of the Act of July 5, 1935 (29 U.S.C. 152),
    and as amended by the Labor-Management Relations Act, 1947, as amended,
    and as defined in section 3(f) of the Act of June 25, 1938 (29 U.S.C.
    203), and including in said definition employees engaged in the
    maintenance and operation of ditches, canals, reservoirs, and waterways
    when maintained or operated on a mutual, nonprofit basis and at least
    95 per centum of the water stored or supplied thereby is used for
    farming purposes.

                            National Mediation Board

                             salaries and expenses

        For expenses necessary to carry out the provisions of the Railway
    Labor Act, as amended (45 U.S.C. 151-188), including emergency boards
    appointed by the President, $7,837,000.

                Occupational Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Occupational Safety and Health
    Review Commission (29 U.S.C. 661), $8,100,000.

                      Physician Payment Review Commission

                             salaries and expenses

        For expenses necessary to carry out section 1845(a) of the Social
    Security Act, $2,923,000, to be transferred to this appropriation from
    the Federal Supplementary Medical Insurance Trust Fund.

                   Prospective Payment Assessment Commission

                             salaries and expenses

        For expenses necessary to carry out section 1886(e) of the Social
    Security Act, $3,267,000, to be transferred to this appropriation from
    the Federal Hospital Insurance and the Federal Supplementary Medical
    Insurance Trust Funds.

                         Social Security Administration

                    payments to social security trust funds

        For payment to the Federal Old-Age and Survivors Insurance and the
    Federal Disability Insurance trust funds, as provided under sections
    201(m), 228(g), and 1131(b)(2) of the Social Security Act, $22,641,000.
        In addition, to reimburse these trust funds for administrative
    expenses to carry out sections 9704 and 9706 of the Internal Revenue
    Code of 1986, $10,000,000, to remain available until expended.

                   special benefits for disabled coal miners

        For carrying out title IV of the Federal Mine Safety and Health Act
    of 1977, $485,396,000, to remain available until expended.
        For making, after July 31 of the current fiscal year, benefit
    payments to individuals under title IV of the Federal Mine Safety and
    Health Act of 1977, for costs incurred in the current fiscal year, such
    amounts as may be necessary.
        For making benefit payments under title IV of the Federal Mine
    Safety and Health Act of 1977 for the first quarter of fiscal year
    1997, $170,000,000, to remain available until expended.

                      supplemental security income program

        For carrying out titles XI and XVI of the Social Security Act,
    section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
    amended, and section 405 of Public Law 95-216, including payment to the
    Social Security trust funds for administrative expenses incurred
    pursuant to section 201(g)(1) of the Social Security Act,
    $18,595,012,000, to remain available until expended, of which
    $1,500,000 shall be for a demonstration program to foster economic
    independence among people with disabilities through disability sport,
    in connection with the Tenth Paralympic Games: Provided, That any
    portion of the funds provided to a State in the current fiscal year and
    not obligated by the State during that year shall be returned to the
    Treasury.
        For making, after June 15 of the current fiscal year, benefit
    payments to individuals under title XVI of the Social Security Act, for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
        For carrying out title XVI of the Social Security Act for the first
    quarter of fiscal year 1997, $9,260,000,000, to remain available until
    expended.

                     limitation on administrative expenses

        For necessary expenses, including the hire of two medium size
    passenger motor vehicles, and not to exceed $10,000 for official
    reception and representation expenses, not more than $5,271,183,000 may
    be expended, as authorized by section 201(g)(1) of the Social Security
    Act or as necessary to carry out sections 9704 and 9706 of the Internal
    Revenue Code of 1986 from any one or all of the trust funds referred to
    therein: Provided, That reimbursement to the trust funds under this
    heading for administrative expenses to carry out sections 9704 and 9706
    of the Internal Revenue Code of 1986 shall be made, with interest, not
    later than September 30, 1997: Provided further, That unobligated
    balances at the end of fiscal year 1996 shall remain available until
    expended for a state-of-the-art computing network, including related
    equipment and administrative expenses associated solely with this
    network.
        In addition to funding already available under this heading, and
    subject to the same terms and conditions, $407,000,000, for disability
    caseload processing.
        In addition to funding already available under this heading, and
    subject to the same terms and conditions, $167,000,000, which shall
    remain available until expended, to invest in a state-of-the-art
    computing network, including related equipment and administrative
    expenses associated solely with this network, for the Social Security
    Administration and the State Disability Determination Services, may be
    expended from any or all of the trust funds as authorized by section
    201(g)(1) of the Social Security Act.

                          office of inspector general

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $4,816,000, together with not to exceed $21,076,000, to be
    transferred and expended as authorized by section 201(g)(1) of the
    Social Security Act from the Federal Old-Age and Survivors Insurance
    Trust Fund and the Federal Disability Insurance Trust Fund.

                           Railroad Retirement Board

                         dual benefits payments account

        For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $239,000,000,
    which shall include amounts becoming available in fiscal year 1996
    pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
    an amount, not to exceed 2 percent of the amount provided herein, shall
    be available proportional to the amount by which the product of
    recipients and the average benefit received exceeds $239,000,000:
    Provided, That the total amount provided herein shall be credited in 12
    approximately equal amounts on the first day of each month in the
    fiscal year.

              federal payments to the railroad retirement accounts

        For payment to the accounts established in the Treasury for the
    payment of benefits under the Railroad Retirement Act for interest
    earned on unnegotiated checks, $300,000, to remain available through
    September 30, 1997, which shall be the maximum amount available for
    payment pursuant to section 417 of Public Law 98-76.

                          limitation on administration

        For necessary expenses for the Railroad Retirement Board in
    administering the Railroad Retirement Act and the Railroad Unemployment
    Insurance Act, $89,094,000, to be derived as authorized by section
    15(h) of the Railroad Retirement Act and section 10(a) of the Railroad
    Unemployment Insurance Act, from the accounts referred to in those
    sections.

                      special management improvement fund

        To effect management improvements, including the reduction of
    backlogs, accuracy of taxation accounting, and debt collection,
    $659,000, to be derived from the railroad retirement accounts and
    railroad unemployment insurance account: Provided, That these funds
    shall supplement, not supplant, existing resources devoted to such
    operations and improvements.

                 limitation on the office of inspector general

        For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the
    Inspector General Act of 1978, as amended, not more than $5,673,000, to
    be derived from the railroad retirement accounts and railroad
    unemployment insurance account.

                        United States Institute of Peace

                               operating expenses

        For necessary expenses of the United States Institute of Peace as
    authorized in the United States Institute of Peace Act, $11,500,000.

                          TITLE V--GENERAL PROVISIONS

        Sec. 501. The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act: Provided, That such transferred balances are used
    for the same purpose, and for the same periods of time, for which they
    were originally appropriated.
        Sec. 502. 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. 503. (a) No part of any appropriation contained in this Act
    shall be used, other than for normal and recognized executive-
    legislative relationships, for publicity or propaganda purposes, for
    the preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, radio, television, or film presentation designed to
    support or defeat legislation pending before the Congress, except in
    presentation to the Congress itself.
        (b) No part of any appropriation contained in this Act shall be
    used to pay the salary or expenses of any grant or contract recipient,
    or agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress.
        Sec. 504. The Secretaries of Labor and Education are each
    authorized to make available not to exceed $15,000 from funds available
    for salaries and expenses under titles I and III, respectively, for
    official reception and representation expenses; the Director of the
    Federal Mediation and Conciliation Service is authorized to make
    available for official reception and representation expenses not to
    exceed $2,500 from the funds available for ``Salaries and expenses,
    Federal Mediation and Conciliation Service''; and the Chairman of the
    National Mediation Board is authorized to make available for official
    reception and representation expenses not to exceed $2,500 from funds
    available for ``Salaries and expenses, National Mediation Board''.
        Sec. 505. Notwithstanding any other provision of this Act, no funds
    appropriated under this Act shall be used to carry out any program of
    distributing sterile needles for the hypodermic injection of any
    illegal drug unless the Secretary of Health and Human Services
    determines that such programs are effective in preventing the spread of
    HIV and do not encourage the use of illegal drugs.
        Sec. 506. (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. 507. When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds, including but not limited to State and local
    governments and recipients of Federal research grants, shall clearly
    state (1) the percentage of the total costs of the program or project
    which will be financed with Federal money, (2) the dollar amount of
    Federal funds for the project or program, and (3) percentage and dollar
    amount of the total costs of the project or program that will be
    financed by nongovernmental sources.
        Sec. 508. None of the funds appropriated under this Act shall be
    expended for any abortion except when it is made known to the Federal
    entity or official to which funds are appropriated under this Act that
    such procedure is necessary to save the life of the mother or that the
    pregnancy is the result of an act of rape or incest.
        Sec. 509. Notwithstanding any other provision of law--
                (1) no amount may be transferred from an appropriation
            account for the Departments of Labor, Health and Human
            Services, and Education except as authorized in this or any
            subsequent appropriation act, or in the Act establishing the
            program or activity for which funds are contained in this Act;
                (2) no department, agency, or other entity, other than the
            one responsible for administering the program or activity for
            which an appropriation is made in this Act, may exercise
            authority for the timing of the obligation and expenditure of
            such appropriation, or for the purposes for which it is
            obligated and expended, except to the extent and in the manner
            otherwise provided in sections 1512 and 1513 of title 31,
            United States Code; and
                (3) no funds provided under this Act shall be available for
            the salary (or any part thereof) of an employee who is
            reassigned on a temporary detail basis to another position in
            the employing agency or department or in any other agency or
            department, unless the detail is independently approved by the
            head of the employing department or agency.
        Sec. 510. Limitation on Use of Funds.--None of the funds made
    available in this Act may be used for the expenses of an electronic
    benefit transfer (EBT) task force.
        Sec. 511. None of the funds made available in this Act may be used
    to enforce the requirements of section 428(b)(1)(U)(iii) of the Higher
    Education Act of 1965 with respect to any lender when it is made known
    to the Federal official having authority to obligate or expend such
    funds that the lender has a loan portfolio under part B of title IV of
    such Act that is equal to or less than $5,000,000.
        Sec. 512. None of the funds made available in this Act may be used
    for Pell Grants under subpart 1 of part A of title IV of the Higher
    Education Act of 1965 to students attending an institution of higher
    education that is ineligible to participate in a loan program under
    such title as a result of a default determination under section
    435(a)(2) of such Act, unless such institution has a participation rate
    index (as defined at 34 CFR 668.17) that is less than or equal to
    0.0375.
        Sec. 513. No more than 1 percent of salaries appropriated for each
    Agency in this Act may be expended by that Agency on cash performance
    awards: Provided, That of the budgetary resources available to Agencies
    in this Act for salaries and expenses during fiscal year 1996,
    $30,500,000, to be allocated by the Office of Management and Budget,
    are permanently canceled: Provided further, That the foregoing proviso
    shall not apply to the Food and Drug Administration and the Indian
    Health Service.
        Sec. 514. (a) High Cost Training Exception.--Section 428H(d)(2) of
    the Higher Education Act of 1965 (20 U.S.C. 1078-8(d)(2)) is amended by
    striking out the period at the end thereof and inserting in lieu
    thereof a semicolon and the following:
    ``except in cases where the Secretary determines, that a higher amount
    is warranted in order to carry out the purpose of this part with
    respect to students engaged in specialized training requiring
    exceptionally high costs of education, but the annual insurable limit
    per student shall not be deemed to be exceeded by a line of credit
    under which actual payments by the lender to the borrower will not be
    made in any years in excess of the annual limit.''.
        (b) Effective Date.--The amendments made by subsection (a) shall be
    effective for loans made to cover the cost of instruction for periods
    of enrollment beginning on or after July 1, 1996.
        This Act may be cited as the ``Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations Act,
    1996''.
        (e) Such amounts as may be necessary for programs, projects or
    activities provided for in the Departments of Veterans Affairs and
    Housing and Urban Development, and Independent Agencies Appropriations
    Act, 1996 at a rate of operations and to the extent and in the manner
    provided as follows, to be effective as if it had been enacted into law
    as the regular appropriations Act:

                                     AN ACT

        Making appropriations for the Departments of Veterans Affairs and
    Housing and Urban Development, and for sundry independent agencies,
    boards, commissions, corporations, and offices for the fiscal year
    ending September 30, 1996, and for other purposes.

                                    TITLE I

                         DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

                           compensation and pensions

                         (including transfer of funds)

        For the payment of compensation benefits to or on behalf of
    veterans as authorized by law (38 U.S.C. 107, chapters 11, 13, 51, 53,
    55, and 61); pension benefits to or on behalf of veterans as authorized
    by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and
    burial benefits, emergency and other officers' retirement pay,
    adjusted-service credits and certificates, payment of premiums due on
    commercial life insurance policies guaranteed under the provisions of
    Article IV of the Soldiers' and Sailors' Civil Relief Act of 1940, as
    amended, and for other benefits as authorized by law (38 U.S.C. 107,
    1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App.
    540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198);
    $18,331,561,000, to remain available until expended: Provided, That not
    to exceed $25,180,000 of the amount appropriated shall be reimbursed to
    ``General operating expenses'' and ``Medical care'' for necessary
    expenses in implementing those provisions authorized in the Omnibus
    Budget Reconciliation Act of 1990, and in the Veterans' Benefits Act of
    1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which
    is specifically provided as the ``Compensation and pensions''
    appropriation: Provided further, That such sums as may be earned on an
    actual qualifying patient basis, shall be reimbursed to ``Medical
    facilities revolving fund'' to augment the funding of individual
    medical facilities for nursing home care provided to pensioners as
    authorized by the Veterans' Benefits Act of 1992 (38 U.S.C. chapter
    55): Provided further, That $12,000,000 previously transferred from
    ``Compensation and pensions'' to ``Medical facilities revolving fund''
    shall be transferred to this heading.

                             readjustment benefits

        For the payment of readjustment and rehabilitation benefits to or
    on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30,
    31, 34, 35, 36, 39, 51, 53, 55, and 61), $1,345,300,000, to remain
    available until expended: Provided, That funds shall be available to
    pay any court order, court award or any compromise settlement arising
    from litigation involving the vocational training program authorized by
    section 18 of Public Law 98-77, as amended.

                       veterans insurance and indemnities

        For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by law (38 U.S.C.
    chapter 19; 70 Stat. 887; 72 Stat. 487), $24,890,000, to remain
    available until expended.

                     guaranty and indemnity program account

                         (including transfer of funds)

        For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the purpose of the program, as authorized by 38
    U.S.C. chapter 37, as amended: 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.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $65,226,000, which may be transferred to
    and merged with the appropriation for ``General operating expenses''.

                         loan guaranty program account

                         (including transfer of funds)

        For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the purpose of the program, as authorized by 38
    U.S.C. chapter 37, as amended: 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.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $52,138,000, which may be transferred to
    and merged with the appropriation for ``General operating expenses''.

                          direct loan program account

                         (including transfer of funds)

        For the cost of direct loans, such sums as may be necessary to
    carry out the purpose of the program, as authorized by 38 U.S.C.
    chapter 37, as amended: 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
    during 1996, within the resources available, not to exceed $300,000 in
    gross obligations for direct loans are authorized for specially adapted
    housing loans (38 U.S.C. chapter 37).
        In addition, for administrative expenses to carry out the direct
    loan program, $459,000, which may be transferred to and merged with the
    appropriation for ``General operating expenses''.

                      education loan fund program account

                         (including transfer of funds)

        For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
    3698, as amended: 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 gross obligations for the
    principal amount of direct loans not to exceed $4,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $195,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

                vocational rehabilitation loans program account

                         (including transfer of funds)

        For the cost of direct loans, $54,000, as authorized by 38 U.S.C.
    chapter 31, as amended: 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 gross obligations for the
    principal amount of direct loans not to exceed $1,964,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $377,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

              native american veteran housing loan program account

                         (including transfer of funds)

        For administrative expenses to carry out the direct loan program
    authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $205,000,
    which may be transferred to and merged with the appropriation for
    ``General operating expenses''.

                         Veterans Health Administration

                                  medical care

        For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, and domiciliary facilities; for furnishing,
    as authorized by law, inpatient and outpatient care and treatment to
    beneficiaries of the Department of Veterans Affairs, including care and
    treatment in facilities not under the jurisdiction of the Department of
    Veterans Affairs, and furnishing recreational facilities, supplies, and
    equipment; funeral, burial, and other expenses incidental thereto for
    beneficiaries receiving care in Department of Veterans Affairs
    facilities; administrative expenses in support of planning, design,
    project management, real property acquisition and disposition,
    construction and renovation of any facility under the jurisdiction or
    for the use of the Department of Veterans Affairs; oversight,
    engineering and architectural activities not charged to project cost;
    repairing, altering, improving or providing facilities in the several
    hospitals and homes under the jurisdiction of the Department of
    Veterans Affairs, not otherwise provided for, either by contract or by
    the hire of temporary employees and purchase of materials; uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902); aid to
    State homes as authorized by law (38 U.S.C. 1741); and not to exceed
    $8,000,000 to fund cost comparison studies as referred to in 38 U.S.C.
    8110(a)(5); $16,564,000,000, plus reimbursements: Provided, That of the
    funds made available under this heading, $789,000,000 is for the
    equipment and land and structures object classifications only, which
    amount shall not become available for obligation until August 1, 1996,
    and shall remain available for obligation until September 30, 1997.

                        medical and prosthetic research

        For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by law (38 U.S.C.
    chapter 73), to remain available until September 30, 1997,
    $257,000,000, plus reimbursements.

          medical administration and miscellaneous operating expenses

        For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    planning, design, project management, architectural, engineering, real
    property acquisition and disposition, construction and renovation of
    any facility under the jurisdiction or for the use of the Department of
    Veterans Affairs, including site acquisition; engineering and
    architectural activities not charged to project cost; and research and
    development in building construction technology; $63,602,000, plus
    reimbursements.

                       transitional housing loan program

                         (including transfer of funds)

        For the cost of direct loans, $7,000, as authorized by Public Law
    102-54, section 8, which shall be transferred from the ``General post
    fund'': 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 gross obligations for the principal amount of
    direct loans not to exceed $70,000. In addition, for administrative
    expenses to carry out the direct loan program, $54,000, which shall be
    transferred from the ``General post fund'', as authorized by Public Law
    102-54, section 8.

                          Departmental Administration

                           general operating expenses

        For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including uniforms or allowances
    therefor, as authorized by law; not to exceed $25,000 for official
    reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, and the Department of Defense for the cost of
    overseas employee mail; $848,143,000: Provided, That of the amount
    appropriated and any other funds made available from any other source
    for activities funded under this heading, except reimbursements, not to
    exceed $214,109,000 shall be available for General Administration;
    including not to exceed (1) $50,000 for travel in the Office of the
    Secretary, (2) $75,000 for travel in the Office of the Assistant
    Secretary for Policy and Planning, (3) $33,000 for travel in the Office
    of the Assistant Secretary for Congressional Affairs, and (4) $100,000
    for travel in the Office of Assistant Secretary for Public and
    Intergovernmental Affairs: Provided further, That during fiscal year
    1996, notwithstanding any other provision of law, the number of
    individuals employed by the Department of Veterans Affairs (1) in other
    than ``career appointee'' positions in the Senior Executive Service
    shall not exceed 6, and (2) in schedule C positions shall not exceed
    11: Provided further, That not to exceed $6,000,000 of the amount
    appropriated shall be available for administrative expenses to carry
    out the direct and guaranteed loan programs under the Loan Guaranty
    Program Account: Provided further, That funds under this heading shall
    be available to administer the Service Members Occupational Conversion
    and Training Act: Provided further, That none of the funds under this
    heading may be obligated or expended for the acquisition of automated
    data processing equipment and services for Department of Veterans
    Affairs regional offices to support Stage III of the automated data
    equipment modernization program of the Veterans Benefits
    Administration.

                            national cemetery system

        For necessary expenses for the maintenance and operation of the
    National Cemetery System not otherwise provided for, including uniforms
    or allowances therefor, as authorized by law; cemeterial expenses as
    authorized by law; purchase of three passenger motor vehicles, for use
    in cemeterial operations; and hire of passenger motor vehicles,
    $72,604,000.

                          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, $30,900,000.

                          construction, major projects

                         (including transfer of funds)

        For constructing, altering, extending and improving any of the
    facilities under the jurisdiction or for the use of the Department of
    Veterans Affairs, or for any of the purposes set forth in sections 316,
    2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
    United States Code, including planning, architectural and engineering
    services, maintenance or guarantee period services costs associated
    with equipment guarantees provided under the project, services of
    claims analysts, offsite utility and storm drainage system construction
    costs, and site acquisition, where the estimated cost of a project is
    $3,000,000 or more or where funds for a project were made available in
    a previous major project appropriation, $136,155,000, to remain
    available until expended: Provided, That except for advance planning of
    projects funded through the advance planning fund and the design of
    projects funded through the design fund, none of these funds shall be
    used for any project which has not been considered and approved by the
    Congress in the budgetary process: Provided further, That funds
    provided in this appropriation for fiscal year 1996, for each approved
    project shall be obligated (1) by the awarding of a construction
    documents contract by September 30, 1996, and (2) by the awarding of a
    construction contract by September 30, 1997: Provided further, That the
    Secretary shall promptly report in writing to the Comptroller General
    and to the Committees on Appropriations any approved major construction
    project in which obligations are not incurred within the time
    limitations established above; and the Comptroller General shall review
    the report in accordance with the procedures established by section
    1015 of the Impoundment Control Act of 1974 (title X of Public Law 93-
    344): Provided further, That no funds from any other account except the
    ``Parking revolving fund'', may be obligated for constructing,
    altering, extending, or improving a project which was approved in the
    budget process and funded in this account until one year after
    substantial completion and beneficial occupancy by the Department of
    Veterans Affairs of the project or any part thereof with respect to
    that part only: Provided further, That of the funds made available
    under this heading in Public Law 103-327, $7,000,000 shall be
    transferred to the ``Parking revolving fund''.

                          construction, minor projects

        For constructing, altering, extending, and improving any of the
    facilities under the jurisdiction or for the use of the Department of
    Veterans Affairs, including planning, architectural and engineering
    services, maintenance or guarantee period services costs associated
    with equipment guarantees provided under the project, services of
    claims analysts, offsite utility and storm drainage system construction
    costs, and site acquisition, or for any of the purposes set forth in
    sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
    of title 38, United States Code, where the estimated cost of a project
    is less than $3,000,000, $190,000,000, to remain available until
    expended, along with unobligated balances of previous ``Construction,
    minor projects'' appropriations which are hereby made available for any
    project where the estimated cost is less than $3,000,000: Provided,
    That funds in this account shall be available for (1) repairs to any of
    the nonmedical facilities under the jurisdiction or for the use of the
    Department of Veterans Affairs which are necessary because of loss or
    damage caused by any natural disaster or catastrophe, and (2) temporary
    measures necessary to prevent or to minimize further loss by such
    causes.

                             parking revolving fund

        For the parking revolving fund as authorized by law (38 U.S.C.
    8109), income from fees collected, to remain available until expended.
    Resources of this fund shall be available for all expenses authorized
    by 38 U.S.C. 8109 except operations and maintenance costs which will be
    funded from ``Medical care''.

           grants for construction of state extended care facilities

        For grants to assist the several States to acquire or construct
    State nursing home and domiciliary facilities and to remodel, modify or
    alter existing hospital, nursing home and domiciliary facilities in
    State homes, for furnishing care to veterans as authorized by law (38
    U.S.C. 8131-8137), $47,397,000, to remain available until expended.

            grants for the construction of state veterans cemeteries

        For grants to aid States in establishing, expanding, or improving
    State veteran cemeteries as authorized by law (38 U.S.C. 2408),
    $1,000,000, to remain available until September 30, 1998.

                           administrative provisions

                         (including transfer of funds)

        Sec. 101. Any appropriation for 1996 for ``Compensation and
    pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' may be transferred to any other of the mentioned
    appropriations.
        Sec. 102. Appropriations available to the Department of Veterans
    Affairs for 1996 for salaries and expenses shall be available for
    services as authorized by 5 U.S.C. 3109.
        Sec. 103. No part of the appropriations in this Act for the
    Department of Veterans Affairs (except the appropriations for
    ``Construction, major projects'', ``Construction, minor projects'', and
    the ``Parking revolving fund'') shall be available for the purchase of
    any site for or toward the construction of any new hospital or home.
        Sec. 104. No part of the foregoing appropriations shall be
    available for hospitalization or examination of any persons except
    beneficiaries entitled under the laws bestowing such benefits to
    veterans, unless reimbursement of cost is made to the appropriation at
    such rates as may be fixed by the Secretary of Veterans Affairs.
        Sec. 105. Appropriations available to the Department of Veterans
    Affairs for fiscal year 1996 for ``Compensation and pensions'',
    ``Readjustment benefits'', and ``Veterans insurance and indemnities''
    shall be available for payment of prior year accrued obligations
    required to be recorded by law against the corresponding prior year
    accounts within the last quarter of fiscal year 1995.
        Sec. 106. Appropriations accounts available to the Department of
    Veterans Affairs for fiscal year 1996 shall be available to pay prior
    year obligations of corresponding prior year appropriations accounts
    resulting from title X of the Competitive Equality Banking Act, Public
    Law 100-86, except that if such obligations are from trust fund
    accounts they shall be payable from ``Compensation and pensions''.
        Sec. 108. Notwithstanding any other provision of law, the Secretary
    of Veterans Affairs is authorized to transfer, without compensation or
    reimbursement, the jurisdiction and control of a parcel of land
    consisting of approximately 6.3 acres, located on the south edge of the
    Department of Veterans Affairs Medical and Regional Office Center,
    Wichita, Kansas, including buildings Nos. 8 and 30 and other
    improvements thereon, to the Secretary of Transportation for the
    purpose of expanding and modernizing United States Highway 54:
    Provided, That if necessary, the exact acreage and legal description of
    the real property transferred shall be determined by a survey
    satisfactory to the Secretary of Veterans Affairs and the Secretary of
    Transportation shall bear the cost of such survey: Provided further,
    That the Secretary of Transportation shall be responsible for all costs
    associated with the transferred land and improvements thereon, and
    compliance with all existing statutes and regulations: Provided
    further, That the Secretary of Veterans Affairs and the Secretary of
    Transportation may require such additional terms and conditions as each
    Secretary considers appropriate to effectuate this transfer of land.

                                    TITLE II

                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                                Housing Programs

                   annual contributions for assisted housing

        For assistance under the United States Housing Act of 1937, as
    amended (``the Act'' herein) (42 U.S.C. 1437), not otherwise provided
    for, $10,103,795,000, to remain available until expended: Provided,
    That of the total amount provided under this head, $160,000,000 shall
    be for the development or acquisition cost of public housing for Indian
    families, including amounts for housing under the mutual help
    homeownership opportunity program under section 202 of the Act (42
    U.S.C. 1437bb): Provided further, That of the total amount provided
    under this head, $2,500,000,000 shall be for modernization of existing
    public housing projects pursuant to section 14 of the Act (42 U.S.C.
    1437l), including up to $20,000,000 for the inspection of public
    housing units, contract expertise, and training and technical
    assistance, directly or indirectly, under grants, contracts, or
    cooperative agreements, to assist in the oversight and management of
    public and Indian housing (whether or not the housing is being
    modernized with assistance under this proviso) or tenant-based
    assistance, including, but not limited to, an annual resident survey,
    data collection and analysis, training and technical assistance by or
    to officials and employees of the Department and of public housing
    agencies and to residents in connection with the public and Indian
    housing program, or for carrying out activities under section 6(j) of
    the Act: Provided further, That of the total amount provided under this
    head, $400,000,000 shall be for rental subsidy contracts under the
    section 8 existing housing certificate program and the housing voucher
    program under section 8 of the Act, except that such amounts shall be
    used only for units necessary to provide housing assistance for
    residents to be relocated from existing federally subsidized or
    assisted housing, for replacement housing for units demolished or
    disposed of (including units to be disposed of pursuant to a
    homeownership program under section 5(h) or title III of the United
    States Housing Act of 1937) from the public housing inventory, for
    funds related to litigation settlements, for the conversion of section
    23 projects to assistance under section 8, for public housing agencies
    to implement allocation plans approved by the Secretary for designated
    housing, for funds to carry out the family unification program, and for
    the relocation of witnesses in connection with efforts to combat crime
    in public and assisted housing pursuant to a request from a law
    enforcement or prosecution agency: Provided further, That of the total
    amount provided under this head, $4,350,862,000 shall be for assistance
    under the United States Housing Act of 1937 (42 U.S.C. 1437) for use in
    connection with expiring or terminating section 8 subsidy contracts,
    such amounts shall be merged with all remaining obligated and
    unobligated balances heretofore appropriated under the heading
    ``Renewal of expiring section 8 subsidy contracts'': Provided further,
    That notwithstanding any other provision of law, assistance reserved
    under the two preceding provisos may be used in connection with any
    provision of Federal law enacted in this Act or after the enactment of
    this Act that authorizes the use of rental assistance amounts in
    connection with such terminated or expired contracts: Provided further,
    That the Secretary may determine not to apply section 8(o)(6)(B) of the
    Act to housing vouchers during fiscal year 1996: Provided further, That
    of the total amount provided under this head, $610,575,000 shall be for
    amendments to section 8 contracts other than contracts for projects
    developed under section 202 of the Housing Act of 1959, as amended; and
    $209,000,000 shall be for section 8 assistance and rehabilitation
    grants for property disposition: Provided further, That 50 per centum
    of the amounts of budget authority, or in lieu thereof 50 per centum of
    the cash amounts associated with such budget authority, that are
    recaptured from projects described in section 1012(a) of the Stewart B.
    McKinney Homeless Assistance Amendments Act of 1988 (Public Law 100-
    628, 102 Stat. 3224, 3268) shall be rescinded, or in the case of cash,
    shall be remitted to the Treasury, and such amounts of budget authority
    or cash recaptured and not rescinded or remitted to the Treasury shall
    be used by State housing finance agencies or local governments or local
    housing agencies with projects approved by the Secretary of Housing and
    Urban Development for which settlement occurred after January 1, 1992,
    in accordance with such section: Provided further, That of the total
    amount provided under this head, $171,000,000 shall be for housing
    opportunities for persons with AIDS under title VIII, subtitle D of the
    Cranston-Gonzalez National Affordable Housing Act; and $65,000,000
    shall be for the lead-based paint hazard reduction program as
    authorized under sections 1011 and 1053 of the Residential Lead-Based
    Hazard Reduction Act of 1992: Provided further, That the Secretary may
    make up to $5,000,000 of any amount recaptured in this account
    available for the development of performance and financial systems.
        Of the total amount provided under this head, $624,000,000, plus
    amounts recaptured from interest reduction payment contracts for
    section 236 projects whose owners prepay their mortgages during fiscal
    year 1996 (which amounts shall be transferred and merged with this
    account), shall be for use in conjunction with properties that are
    eligible for assistance under the Low Income Housing Preservation and
    Resident Homeownership Act of 1990 (LIHPRHA) or the Emergency Low-
    Income Housing Preservation Act of 1987 (ELIHPA): Provided, That prior
    to August 15, 1996, funding to carry out plans of action shall be
    limited to sales of projects to non-profit organizations, tenant-
    sponsored organizations, and other priority purchasers: Provided
    further, That of the amount made available by this paragraph, up to
    $10,000,000 shall be available for preservation technical assistance
    grants pursuant to section 253 of the Housing and Community Development
    Act of 1987, as amended: Provided further, That with respect to amounts
    made available by this paragraph, after August 15, 1996, if the
    Secretary determines that the demand for funding may exceed amounts
    available for such funding, the Secretary (1) may determine priorities
    for distributing available funds, including giving priority funding to
    tenants displaced due to mortgage prepayment and to projects that have
    not yet been funded but which have approved plans of action; and (2)
    may impose a temporary moratorium on applications by potential
    recipients of such funding: Provided further, That an owner of eligible
    low-income housing may prepay the mortgage or request voluntary
    termination of a mortgage insurance contract, so long as said owner
    agrees not to raise rents for sixty days after such prepayment:
    Provided further, That an owner of eligible low-income housing who has
    not timely filed a second notice under section 216(d) prior to the
    effective date of this Act may file such notice by April 15, 1996:
    Provided further, That such developments have been determined to have
    preservation equity at least equal to the lesser of $5,000 per unit or
    $500,000 per project or the equivalent of eight times the most recently
    published fair market rent for the area in which the project is located
    as the appropriate unit size for all of the units in the eligible
    project: Provided further, That the Secretary may modify the regulatory
    agreement to permit owners and priority purchasers to retain rental
    income in excess of the basic rental charge in projects assisted under
    section 236 of the National Housing Act, for the purpose of preserving
    the low and moderate income character of the housing: Provided further,
    That the Secretary may give priority to funding and processing the
    following projects provided that the funding is obligated not later
    than September 15, 1996: (1) projects with approved plans of action to
    retain the housing that file a modified plan of action no later than
    August 15, 1996 to transfer the housing; (2) projects with approved
    plans of action that are subject to a repayment or settlement agreement
    that was executed between the owner and the Secretary prior to
    September 1, 1995; (3) projects for which submissions were delayed as a
    result of their location in areas that were designated as a Federal
    disaster area in a Presidential Disaster Declaration; and (4) projects
    whose processing was, in fact or in practical effect, suspended,
    deferred, or interrupted for a period of twelve months or more because
    of differing interpretations, by the Secretary and an owner or by the
    Secretary and a State or local rent regulatory agency, concerning the
    timing of filing eligibility or the effect of a presumptively
    applicable State or local rent control law or regulation on the
    determination of preservation value under section 213 of LIHPRHA, as
    amended, if the owner of such project filed notice of intent to extend
    the low-income affordability restrictions of the housing, or transfer
    to a qualified purchaser who would extend such restrictions, on or
    before November 1, 1993: Provided further, That eligible low-income
    housing shall include properties meeting the requirements of this
    paragraph with mortgages that are held by a State agency as a result of
    a sale by the Secretary without insurance, which immediately before the
    sale would have been eligible low-income housing under LIHPRHA:
    Provided further, That notwithstanding any other provision of law,
    subject to the availability of appropriated funds, each unassisted low-
    income family residing in the housing on the date of prepayment or
    voluntary termination, and whose rent, as a result of a rent increase
    occurring no later than one year after the date of the prepayment,
    exceeds 30 percent of adjusted income, shall be offered tenant-based
    assistance in accordance with section 8 or any successor program, under
    which the family shall pay no less for rent than it paid on such date:
    Provided further, That any family receiving tenant-based assistance
    under the preceding proviso may elect (1) to remain in the unit of the
    housing and if the rent exceeds the fair market rent or payment
    standard, as applicable, the rent shall be deemed to be the applicable
    standard, so long as the administering public housing agency finds that
    the rent is reasonable in comparison with rents charged for comparable
    unassisted housing units in the market or (2) to move from the housing
    and the rent will be subject to the fair market rent of the payment
    standard, as applicable, under existing program rules and procedures:
    Provided further, That rents and rent increases for tenants of projects
    for which plans of action are funded under section 220(d)(3)(B) of
    LIHPRHA shall be governed in accordance with the requirements of the
    program under which the first mortgage is insured or made (sections 236
    or 221(d)(3) BMIR, as appropriate): Provided further, That the
    immediately foregoing proviso shall apply hereafter to projects for
    which plans of action are to be funded under such section 220(d)(3)(B),
    and shall apply to any project that has been funded under such section
    starting one year after the date that such project was funded: Provided
    further, That up to $10,000,000 of the amount made available by this
    paragraph may be used at the discretion of the Secretary to reimburse
    owners of eligible properties for which plans of action were submitted
    prior to the effective date of this Act, but were not executed for lack
    of available funds, with such reimbursement available only for
    documented costs directly applicable to the preparation of the plan of
    action as determined by the Secretary, and shall be made available on
    terms and conditions to be established by the Secretary: Provided
    further, That, notwithstanding any other provision of law, effective
    October 1, 1996, the Secretary shall suspend further processing of
    preservation applications which do not have approved plans of action.
        Of the total amount provided under this head, $780,190,000 shall be
    for capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959, as amended, and for project rental assistance,
    and amendments to contracts for project rental assistance, for
    supportive housing for the elderly under section 202(c)(2) of the
    Housing Act of 1959; and $233,168,000 shall be for capital advances,
    including amendments to capital advance contracts, for supportive
    housing for persons with disabilities, as authorized by section 811 of
    the Cranston-Gonzalez National Affordable Housing Act; and for project
    rental assistance, and amendments to contracts for project rental
    assistance, for supportive housing for persons with disabilities as
    authorized by section 811 of the Cranston-Gonzalez National Affordable
    Housing Act: Provided, That the Secretary may designate up to 25
    percent of the amounts earmarked under this paragraph for section 811
    of the Cranston-Gonzalez National Affordable Housing Act for tenant-
    based assistance, as authorized under that section, which assistance is
    five-years in duration: Provided further, That the Secretary may waive
    any provision of section 202 of the Housing Act of 1959 and section 811
    of the National Affordable Housing Act (including the provisions
    governing the terms and conditions of project rental assistance) that
    the Secretary determines is not necessary to achieve the objectives of
    these programs, or that otherwise impedes the ability to develop,
    operate or administer projects assisted under these programs, and may
    make provision for alternative conditions or terms where appropriate.

    public housing demolition, site revitalization, and replacement housing
                                     grants

        For grants to public housing agencies for the purposes of enabling
    the demolition of obsolete public housing projects or portions thereof,
    the revitalization (where appropriate) of sites (including remaining
    public housing units) on which such projects are located, replacement
    housing which will avoid or lessen concentrations of very low-income
    families, and tenant-based assistance in accordance with section 8 of
    the United States Housing Act of 1937 for the purpose of providing
    replacement housing and assisting tenants to be displaced by the
    demolition, $380,000,000, to remain available until expended: Provided,
    That the Secretary of Housing and Urban Development shall award such
    funds to public housing agencies based upon, among other relevant
    criteria, the local and national impact of the proposed demolition and
    revitalization activities and the extent to which the public housing
    agency could undertake such activities without the additional
    assistance to be provided hereunder: Provided further, That eligible
    expenditures hereunder shall be those expenditures eligible under
    section 8 and section 14 of the United States Housing Act of 1937 (42
    U.S.C. 1437f and l): Provided further, That the Secretary may impose
    such conditions and requirements as the Secretary deems appropriate to
    effectuate the purposes of this paragraph: Provided further, That the
    Secretary may require an agency selected to receive funding to make
    arrangements satisfactory to the Secretary for use of an entity other
    than the agency to carry out this program where the Secretary
    determines that such action will help to effectuate the purpose of this
    paragraph: Provided further, That in the event an agency selected to
    receive funding does not proceed expeditiously as determined by the
    Secretary, the Secretary shall withdraw any funding made available
    pursuant to this paragraph that has not been obligated by the agency
    and distribute such funds to one or more other eligible agencies, or to
    other entities capable of proceeding expeditiously in the same locality
    with the original program: Provided further, That of the foregoing
    $380,000,000, the Secretary may use up to .67 per centum for technical
    assistance, to be provided directly or indirectly by grants, contracts
    or cooperative agreements, including training and cost of necessary
    travel for participants in such training, by or to officials and
    employees of the Department and of public housing agencies and to
    residents: Provided further, That any replacement housing provided with
    assistance under this head shall be subject to section 18(f) of the
    United States Housing Act of 1937, as amended by section 201(b)(2) of
    this Act.

                             flexible subsidy fund

                         (including transfer of funds)

        From the fund established by section 236(g) of the National Housing
    Act, as amended, all uncommitted balances of excess rental charges as
    of September 30, 1995, and any collections during fiscal year 1996
    shall be transferred, as authorized under such section, to the fund
    authorized under section 201(j) of the Housing and Community
    Development Amendments of 1978, as amended.

                           rental housing assistance

                                  (rescission)

        The limitation otherwise applicable to the maximum payments that
    may be required in any fiscal year by all contracts entered into under
    section 236 of the National Housing Act (12 U.S.C. 1715z-1) is reduced
    in fiscal year 1996 by not more than $2,000,000 in uncommitted balances
    of authorizations provided for this purpose in appropriations Acts:
    Provided, That up to $163,000,000 of recaptured section 236 budget
    authority resulting from the prepayment of mortgages subsidized under
    section 236 of the National Housing Act (12 U.S.C. 1715z-1) shall be
    rescinded in fiscal year 1996.

             payments for operation of low-income housing projects

        For payments to public housing agencies and Indian housing
    authorities for operating subsidies for low-income housing projects as
    authorized by section 9 of the United States Housing Act of 1937, as
    amended (42 U.S.C. 1437g), $2,800,000,000.

                 drug elimination grants for low-income housing

        For grants to public and Indian housing agencies for use in
    eliminating crime in public housing projects authorized by 42 U.S.C.
    11901-11908, for grants for federally assisted low-income housing
    authorized by 42 U.S.C. 11909, and for drug information clearinghouse
    services authorized by 42 U.S.C. 11921-11925, $290,000,000, to remain
    available until expended, of which $10,000,000 shall be for grants,
    technical assistance, contracts and other assistance training, program
    assessment, and execution for or on behalf of public housing agencies
    and resident organizations (including the cost of necessary travel for
    participants in such training) and of which $2,500,000 shall be used in
    connection with efforts to combat violent crime in public and assisted
    housing under the Operation Safe Home program administered by the
    Inspector General of the Department of Housing and Urban Development:
    Provided, That the term ``drug-related crime'', as defined in 42 U.S.C.
    11905(2), shall also include other types of crime as determined by the
    Secretary: Provided further, That notwithstanding section 5130(c) of
    the Anti-Drug Abuse Act of 1988 (42 U.S.C. 11909(c)), the Secretary may
    determine not to use any such funds to provide public housing youth
    sports grants: Provided further, That an additional $30,000,000, to be
    derived by transfer from unobligated balances from the Homeownership
    and Opportunity for People Everywhere Grants (HOPE Grants) account,
    shall be available for use for grants for federally-assisted low-income
    housing, in addition to any other amount made available for this
    purpose under this heading, without regard to any percentage limitation
    otherwise applicable.

                      home investment partnerships program

        For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act
    (Public Law 101-625), as amended, $1,400,000,000, to remain available
    until expended.

               indian housing loan guarantee fund program account

        For the cost of guaranteed loans, $3,000,000, as authorized by
    section 184 of the Housing and Community Development Act of 1992 (106
    Stat. 3739): Provided, That such costs, including the costs 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 $36,900,000.

                              Homeless Assistance

                           homeless assistance grants

        For the emergency shelter grants program (as authorized under
    subtitle B of title IV of the Stewart B. McKinney Homeless Assistance
    Act (Public Law 100-77), as amended); the supportive housing program
    (as authorized under subtitle C of title IV of such Act); the section 8
    moderate rehabilitation single room occupancy program (as authorized
    under the United States Housing Act of 1937, as amended) to assist
    homeless individuals pursuant to section 441 of the Stewart B. McKinney
    Homeless Assistance Act; and the shelter plus care program (as
    authorized under subtitle F of title IV of such Act), $823,000,000, to
    remain available until expended.

                       Community Planning and Development

                          community development grants

                         (including transfer of funds)

        For grants to States and units of general local government and for
    related expenses, not otherwise provided for, necessary for carrying
    out a community development grants program as authorized by title I of
    the Housing and Community Development Act of 1974, as amended (42
    U.S.C. 5301), $4,600,000,000, to remain available until September 30,
    1998: Provided, That $50,000,000 shall be available for grants to
    Indian tribes pursuant to section 106(a)(1) of the Housing and
    Community Development Act of 1974, as amended (42 U.S.C. 5301),
    $2,000,000 shall be available as a grant to the Housing Assistance
    Council, $1,000,000 shall be available as a grant to the National
    American Indian Housing Council, and $27,000,000 shall be available for
    ``special purpose grants'' pursuant to section 107 of such Act:
    Provided further, That not to exceed 20 per centum of any grant made
    with funds appropriated herein (other than a grant made available under
    the preceding proviso to the Housing Assistance Council or the National
    American Indian Housing Council, or a grant using funds under section
    107(b)(3) of the Housing and Community Development Act of 1974) shall
    be expended for ``Planning and Management Development'' and
    ``Administration'' as defined in regulations promulgated by the
    Department of Housing and Urban Development: Provided further, That
    section 105(a)(25) of such Act, as added by section 907(b)(1) of the
    Cranston-Gonzalez National Affordable Housing Act, shall continue to be
    effective after September 30, 1995, notwithstanding section 907(b)(2)
    of such Act: Provided further, That section 916 of the Cranston-
    Gonzalez National Affordable Housing Act shall apply with respect to
    fiscal year 1996, notwithstanding section 916(f) of that Act.
        Of the amount provided under this heading, the Secretary of Housing
    and Urban Development may use up to $53,000,000 for grants to public
    housing agencies (including Indian housing authorities), nonprofit
    corporations, and other appropriate entities for a supportive services
    program to assist residents of public and assisted housing, former
    residents of such housing receiving tenant-based assistance under
    section 8 of such Act (42 U.S.C. 1437f), and other low-income families
    and individuals to become self-sufficient: Provided, That the program
    shall provide supportive services, principally for the benefit of
    public housing residents, to the elderly and the disabled, and to
    families with children where the head of the household would benefit
    from the receipt of supportive services and is working, seeking work,
    or is preparing for work by participating in job training or
    educational programs: Provided further, That the supportive services
    shall include congregate services for the elderly and disabled, service
    coordinators, and coordinated educational, training, and other
    supportive services, including academic skills training, job search
    assistance, assistance related to retaining employment, vocational and
    entrepreneurship development and support programs, transportation, and
    child care: Provided further, That the Secretary shall require
    applicants to demonstrate firm commitments of funding or services from
    other sources: Provided further, That the Secretary shall select public
    and Indian housing agencies to receive assistance under this head on a
    competitive basis, taking into account the quality of the proposed
    program (including any innovative approaches), the extent of the
    proposed coordination of supportive services, the extent of commitments
    of funding or services from other sources, the extent to which the
    proposed program includes reasonably achievable, quantifiable goals for
    measuring performance under the program over a three-year period, the
    extent of success an agency has had in carrying out other comparable
    initiatives, and other appropriate criteria established by the
    Secretary.
        Of the amount made available under this heading, notwithstanding
    any other provision of law, $12,000,000 shall be available for
    contracts, grants, and other assistance, other than loans, not
    otherwise provided for, for providing counseling and advice to tenants
    and homeowners both current and prospective, with respect to property
    maintenance, financial management, and such other matters as may be
    appropriate to assist them in improving their housing conditions and
    meeting the responsibilities of tenancy or homeownership, including
    provisions for training and for support of voluntary agencies and
    services as authorized by section 106 of the Housing and Urban
    Development Act of 1968, as amended, notwithstanding section 106(c)(9)
    and section 106(d)(13) of such Act.
        Of the amount made available under this heading, notwithstanding
    any other provision of law, $15,000,000 shall be available for the
    tenant opportunity program.
        Of the amount made available under this heading, notwithstanding
    any other provision of law, $20,000,000 shall be available for
    youthbuild program activities authorized by subtitle D of title IV of
    the Cranston-Gonzalez National Affordable Housing Act, as amended, and
    such activities shall be an eligible activity with respect to any funds
    made available under this heading.
        Of the amount otherwise made available under this heading in this
    Act, notwithstanding any other provision of law, $80,000,000 shall be
    available for Economic Development Initiative grants as authorized by
    section 232 of the Multifamily Housing Property Disposition Reform Act
    of 1994, Public Law 103-233, on a competitive basis as required by
    section 102 of the HUD Reform Act.
        Of the amount made available under this heading, notwithstanding
    any other provision of law, $13,000,000 shall be for a grant to
    Watertown, South Dakota for the construction of wastewater treatment
    facilities.
        For the cost of guaranteed loans, $31,750,000, as authorized by
    section 108 of the Housing and Community Development Act of 1974:
    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 $1,500,000,000: Provided further, That the Secretary of
    Housing and Urban Development may make guarantees not to exceed the
    immediately foregoing amount notwithstanding the aggregate limitation
    on guarantees set forth in section 108(k) of the Housing and Community
    Development Act of 1974. In addition, for administrative expenses to
    carry out the guaranteed loan program, $675,000 which shall be
    transferred to and merged with the appropriation for departmental
    salaries and expenses.
        The amount made available for fiscal year 1995 for a special
    purpose grant for the renovation of the central terminal in Buffalo,
    New York, shall be made available for the central terminal and for
    other public facilities in Buffalo, New York.

                        Policy Development and Research

                            research and technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
    including carrying out the functions of the Secretary under section
    1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $34,000,000, to remain
    available until September 30, 1997.

                       Fair Housing and Equal Opportunity

                            fair housing activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and for contracts
    with qualified fair housing enforcement organizations, as authorized by
    section 561 of the Housing and Community Development Act of 1987, as
    amended by the Housing and Community Development Act of 1992,
    $30,000,000, to remain available until September 30, 1997.

                         Management and Administration

                             salaries and expenses

                         (including transfers of funds)

        For necessary administrative and nonadministrative expenses of the
    Department of Housing and Urban Development, not otherwise provided
    for, including not to exceed $7,000 for official reception and
    representation expenses, $962,558,000, of which $532,782,000 shall be
    provided from the various funds of the Federal Housing Administration,
    and $9,101,000 shall be provided from funds of the Government National
    Mortgage Association, and $675,000 shall be provided from the Community
    Development Grants Program account.

                          office of inspector general

                         (including transfer of funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $47,850,000, of which $11,283,000 shall be transferred from
    the various funds of the Federal Housing Administration.

                 Office of Federal Housing Enterprise Oversight

                             salaries and expenses

                         (including transfer of funds)

        For carrying out the Federal Housing Enterprise Financial Safety
    and Soundness Act of 1992, $14,895,000, to remain available until
    expended, from the Federal Housing Enterprise Oversight Fund: Provided,
    That such amounts shall be collected by the Director as authorized by
    section 1316 (a) and (b) of such Act, and deposited in the Fund under
    section 1316(f) of such Act.

                         Federal Housing Administration

                 fha--mutual mortgage insurance program account

                         (including transfers of funds)

        During fiscal year 1996, commitments to guarantee loans to carry
    out the purposes of section 203(b) of the National Housing Act, as
    amended, shall not exceed a loan principal of $110,000,000,000:
    Provided, That during fiscal year 1996, the Secretary shall sell
    assigned mortgage notes having an unpaid principal balance of up to
    $4,000,000,000, which notes were originally insured under section
    203(b) of the National Housing Act: Provided further, That the
    Secretary may use any negative subsidy amounts from the sale of such
    assigned mortgage notes during fiscal year 1996 for the disposition of
    properties or notes under this heading.
        During fiscal year 1996, obligations to make direct loans to carry
    out the purposes of section 204(g) of the National Housing Act, as
    amended, shall not exceed $200,000,000: Provided, That the foregoing
    amount shall be for loans to nonprofit and governmental entities in
    connection with sales of single family real properties owned by the
    Secretary and formerly insured under section 203 of such Act.
        For administrative expenses necessary to carry out the guaranteed
    and direct loan program, $341,595,000, to be derived from the FHA-
    mutual mortgage insurance guaranteed loans receipt account, of which
    not to exceed $334,483,000 shall be transferred to the appropriation
    for departmental salaries and expenses; and of which not to exceed
    $7,112,000 shall be transferred to the appropriation for the Office of
    Inspector General.

                 fha--general and special risk program account

                         (including transfers of funds)

        For the cost of guaranteed loans, as authorized by sections 238 and
    519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
    including the cost of modifying such loans, $85,000,000, to remain
    available until expended: Provided, That such costs 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 of not to exceed
    $17,400,000,000: Provided further, That during fiscal year 1996, the
    Secretary shall sell assigned notes having an unpaid principal balance
    of up to $4,000,000,000, which notes were originally obligations of the
    funds established under sections 238 and 519 of the National Housing
    Act: Provided further, That the Secretary may use any negative subsidy
    amounts from the sale of such assigned mortgage notes during fiscal
    year 1996, in addition to amounts otherwise provided, for the
    disposition of properties or notes under this heading (including the
    credit subsidy for the guarantee of loans or the reduction of positive
    credit subsidy amounts that would otherwise be required for the sale of
    such properties or notes), and for any other purpose under this
    heading: Provided further, That any amounts made available in any prior
    appropriation Act for the cost (as such term is defined in section 502
    of the Congressional Budget Act of 1974) of guaranteed loans that are
    obligations of the funds established under section 238 or 519 of the
    National Housing Act that have not been obligated or that are
    deobligated shall be available to the Secretary of Housing and Urban
    Development in connection with the making of such guarantees and shall
    remain available until expended, notwithstanding the expiration of any
    period of availability otherwise applicable to such amounts.
        Gross obligations for the principal amount of direct loans, as
    authorized by sections 204(g), 207(l), 238(a), and 519(a) of the
    National Housing Act, shall not exceed $120,000,000; of which not to
    exceed $100,000,000 shall be for bridge financing in connection with
    the sale of multifamily real properties owned by the Secretary and
    formerly insured under such Act; and of which not to exceed $20,000,000
    shall be for loans to nonprofit and governmental entities in connection
    with the sale of single-family real properties owned by the Secretary
    and formerly insured under such Act.
        In addition, for administrative expenses necessary to carry out the
    guaranteed and direct loan programs, $202,470,000, of which
    $198,299,000 shall be transferred to the appropriation for departmental
    salaries and expenses; and of which $4,171,000 shall be transferred to
    the appropriation for the Office of Inspector General.

                    Government National Mortgage Association

    guarantees of mortgage-backed securities loan guarantee program account

                          (includes transfer of funds)

        During fiscal year 1996, new commitments to issue guarantees to
    carry out the purposes of section 306 of the National Housing Act, as
    amended (12 U.S.C. 1721(g)), shall not exceed $110,000,000,000.
        For administrative expenses necessary to carry out the guaranteed
    mortgage-backed securities program, $9,101,000, to be derived from the
    GNMA--guarantees of mortgage-backed securities guaranteed loan receipt
    account, of which not to exceed $9,101,000 shall be transferred to the
    appropriation for departmental salaries and expenses.

                           administrative provisions

                         (including transfer of funds)

            extend administrative provisions from the rescission act

        Sec. 201. (a) Public and Indian Housing Modernization.--
                (1) Expansion of use of modernization funding.--Subsection
            14(q) of the United States Housing Act of 1937 is amended to
            read as follows:
        ``(q)(1) In addition to the purposes enumerated in subsections (a)
    and (b), a public housing agency may use modernization assistance
    provided under section 14, and development assistance provided under
    section 5(a) that was not allocated, as determined by the Secretary,
    for priority replacement housing, for any eligible activity authorized
    by this section, by section 5, or by applicable Appropriations Acts for
    a public housing agency, including the demolition, rehabilitation,
    revitalization, and replacement of existing units and projects and, for
    up to 10 percent of its allocation of such funds in any fiscal year,
    for any operating subsidy purpose authorized in section 9. Except for
    assistance used for operating subsidy purposes under the preceding
    sentence, assistance provided to a public housing agency under this
    section shall principally be used for the physical improvement,
    replacement of public housing, other capital purposes, and for
    associated management improvements, and such other extraordinary
    purposes as may be approved by the Secretary. Low-income and very low-
    income units assisted under this paragraph shall be eligible for
    operating subsidies, unless the Secretary determines that such units or
    projects do not meet other requirements of this Act.
        ``(2) A public housing agency may provide assistance to
    developments that include units for other than units assisted under
    this Act (except for units assisted under section 8 hereof) (`mixed
    income developments'), in the form of a grant, loan, operating
    assistance, or other form of investment which may be made to--
                ``(A) a partnership, a limited liability company, or other
            legal entity in which the public housing agency or its
            affiliate is a general partner, managing member, or otherwise
            participates in the activities of such entity; or
                ``(B) any entity which grants to the public housing agency
            the option to purchase the development within 20 years after
            initial occupancy in accordance with section 42(i)(7) of the
            Internal Revenue Code of 1986, as amended.
                ``Units shall be made available in such developments for
            periods of not less than 30 years, by master contract or by
            individual lease, for occupancy by low-income and very low-
            income families referred from time to time by the public
            housing agency from its central or site-based waiting list. The
            number of such units shall be:
                        ``(i) in the same proportion to the total number of
                    units in such development that the total financial
                    commitment provided by the public housing agency bears
                    to the value of the total financial commitment in the
                    development, or
                        ``(ii) not be less than the number of units that
                    could have been developed under the conventional public
                    housing program with the assistance involved, or
                        ``(iii) as may otherwise be approved by the
                    Secretary.
        ``(3) A mixed income development may elect to have all units
    subject only to the applicable local real estate taxes, notwithstanding
    that the low-income units assisted by public housing funds would
    otherwise be subject to section 6(d) of the Housing Act of 1937.
        ``(4) If an entity that owns or operates a mixed-income project
    under this subsection enters into a contract with a public housing
    agency, the terms of which obligate the entity to operate and maintain
    a specified number of units in the project as public housing units in
    accordance with the requirements of this Act for the period required by
    law, such contractual terms may provide that, if, as a result of a
    reduction in appropriations under section 9, or any other change in
    applicable law, the public housing agency is unable to fulfill its
    contractual obligations with respect to those public housing units,
    that entity may deviate, under procedures and requirements developed
    through regulations by the Secretary, from otherwise applicable
    restrictions under this Act regarding rents, income eligibility, and
    other areas of public housing management with respect to a portion or
    all of those public housing units, to the extent necessary to preserve
    the viability of those units while maintaining the low-income character
    of the units, to the maximum extent practicable.''.
                (2) Applicability.--Section 14(q) of the United States
            Housing Act of 1937, as amended by subsection (a) of this
            section, shall be effective only with respect to assistance
            provided from funds made available for fiscal year 1996 or any
            preceding fiscal year.
                (3) Applicability to IHAs.--In accordance with section
            201(b)(2) of the United States Housing Act of 1937, the
            amendment made by this subsection shall apply to public housing
            developed or operated pursuant to a contract between the
            Secretary of Housing and Urban Development and an Indian
            housing authority.
        (b) One-for-One Replacement of Public and Indian Housing.--
                (1) Extended authority.--Section 1002(d) of Public Law 104-
            19 is amended to read as follows:
        ``(d) Subsections (a), (b), and (c) shall be effective for
    applications for the demolition, disposition, or conversion to
    homeownership of public housing approved by the Secretary, and other
    consolidation and relocation activities of public housing agencies
    undertaken, on, before, or after September 30, 1995 and before
    September 30, 1996.''.
                (2) Section 18(f) of the United States Housing Act of 1937
            is amended by adding at the end the following new sentence:
    ``No one may rely on the preceding sentence as the basis for
    reconsidering a final order of a court issued, or a settlement approved
    by, a court.''.
                (3) Applicability.--In accordance with section 201(b)(2) of
            the United States Housing Act of 1937, the amendments made by
            this subsection and by sections 1002 (a), (b), and (c) of
            Public Law 104-19 shall apply to public housing developed or
            operated pursuant to a contract between the Secretary of
            Housing and Urban Development and an Indian housing authority.

                conversion of certain public housing to vouchers

        Sec. 203. (a) Identification of Units.--Each public housing agency
    shall identify any public housing developments--
                (1) that are on the same or contiguous sites;
                (2) that total more than--
                        (A) 300 dwelling units; or
                        (B) in the case of high-rise family buildings or
                    substantially vacant buildings; 300 dwelling units;
                (3) that have a vacancy rate of at least 10 percent for
            dwelling units not in funded, on schedule modernization
            programs;
                (4) identified as distressed housing that the public
            housing agency cannot assure the long-term viability as public
            housing through reasonable revitalization, density reduction,
            or achievement of a broader range of household income; and
                (5) for which the estimated cost of continued operation and
            modernization of the developments as public housing exceeds the
            cost of providing tenant-based assistance under section 8 of
            the United States Housing Act of 1937 for all families in
            occupancy, based on appropriate indicators of cost (such as the
            percentage of total development cost required for
            modernization).
        (b) Implementation and Enforcement.--
                (1) Standards for implementation.--The Secretary shall
            establish standards to permit implementation of this section in
            fiscal year 1996.
                (2) Consultation.--Each public housing agency shall consult
            with the applicable public housing tenants and the unit of
            general local government in identifying any public housing
            developments under subsection (a).
                (3) Failure of phas to comply with subsection (a).--Where
            the Secretary determines that--
                        (A) a public housing agency has failed under
                    subsection (a) to identify public housing developments
                    for removal from the inventory of the agency in a
                    timely manner;
                        (B) a public housing agency has failed to identify
                    one or more public housing developments which the
                    Secretary determines should have been identified under
                    subsection (a); or
                        (C) one or more of the developments identified by
                    the public housing agency pursuant to subsection (a)
                    should not, in the determination of the Secretary, have
                    been identified under that subsection;
            the Secretary may designate the developments to be removed from
            the inventory of the public housing agency pursuant to this
            section.
        (c) Removal of Units From the Inventories of Public Housing
    Agencies.--
                (1) Each public housing agency shall develop and carry out
            a plan in conjunction with the Secretary for the removal of
            public housing units identified under subsection (a) or
            subsection (b)(3), over a period of up to five years, from the
            inventory of the public housing agency and the annual
            contributions contract. The plan shall be approved by the
            relevant local official as not inconsistent with the
            Comprehensive Housing Affordability Strategy under title I of
            the Housing and Community Development Act of 1992, including a
            description of any disposition and demolition plan for the
            public housing units.
                (2) The Secretary may extend the deadline in paragraph (1)
            for up to an additional five years where the Secretary makes a
            determination that the deadline is impracticable.
                (3) The Secretary shall take appropriate actions to ensure
            removal of developments identified under subsection (a) or
            subsection (b)(3) from the inventory of a public housing
            agency, if the public housing agency fails to adequately
            develop a plan under paragraph (1), or fails to adequately
            implement such plan in accordance with the terms of the plan.
                (4) To the extent approved in appropriations Acts, the
            Secretary may establish requirements and provide funding under
            the Urban Revitalization Demonstration program for demolition
            and disposition of public housing under this section.
                (5) Notwithstanding any other provision of law, if a
            development is removed from the inventory of a public housing
            agency and the annual contributions contract pursuant to
            paragraph (1), the Secretary may authorize or direct the
            transfer of--
                        (A) in the case of an agency receiving assistance
                    under the comprehensive improvement assistance program,
                    any amounts obligated by the Secretary for the
                    modernization of such development pursuant to section
                    14 of the United States Housing Act of 1937;
                        (B) in the case of an agency receiving public and
                    Indian housing modernization assistance by formula
                    pursuant to section 14 of the United States Housing Act
                    of 1937, any amounts provided to the agency which are
                    attributable pursuant to the formula for allocating
                    such assistance to the development removed from the
                    inventory of that agency; and
                        (C) in the case of an agency receiving assistance
                    for the major reconstruction of obsolete projects, any
                    amounts obligated by the Secretary for the major
                    reconstruction of the development pursuant to section 5
                    of such Act,
            to the tenant-based assistance program or appropriate site
            revitalization of such agency.
                (6) Cessation of unnecessary spending.--Notwithstanding any
            other provision of law, if, in the determination of the
            Secretary, a development meets or is likely to meet the
            criteria set forth in subsection (a), the Secretary may direct
            the public housing agency to cease additional spending in
            connection with the development, except to the extent that
            additional spending is necessary to ensure decent, safe, and
            sanitary housing until the Secretary determines or approves an
            appropriate course of action with respect to such development
            under this section.
        (d) Conversion to Tenant-Based Assistance.--
                (1) The Secretary shall make authority available to a
            public housing agency to provide tenant-based assistance
            pursuant to section 8 to families residing in any development
            that is removed from the inventory of the public housing agency
            and the annual contributions contract pursuant to subsection
            (b).
                (2) Each conversion plan under subsection (c) shall--
                        (A) require the agency to notify families residing
                    in the development, consistent with any guidelines
                    issued by the Secretary governing such notifications,
                    that the development shall be removed from the
                    inventory of the public housing agency and the families
                    shall receive tenant-based or project-based assistance,
                    and to provide any necessary counseling for families;
                    and
                        (B) ensure that all tenants affected by a
                    determination under this section that a development
                    shall be removed from the inventory of a public housing
                    agency shall be offered tenant-based or project-based
                    assistance and shall be relocated, as necessary, to
                    other decent, safe, sanitary, and affordable housing
                    which is, to the maximum extent practicable, housing of
                    their choice.
        (e) In General.--
                (1) The Secretary may require a public housing agency to
            provide such information as the Secretary considers necessary
            for the administration of this section.
                (2) As used in this section, the term ``development'' shall
            refer to a project or projects, or to portions of a project or
            projects, as appropriate.
                (3) Section 18 of the United States Housing Act of 1937
            shall not apply to the demolition of developments removed from
            the inventory of the public housing agency under this section.

                 streamlining section 8 tenant-based assistance

        Sec. 204. (a) ``Take-One, Take-All''.--Section 8(t) of the United
    States Housing Act of 1937 is hereby repealed.
        (b) Exemption From Notice Requirements for the Certificate and
    Voucher Programs.--Section 8(c) of such Act is amended--
                (1) in paragraph (8), by inserting after ``section'' the
            following: ``(other than a contract for assistance under the
            certificate or voucher program)''; and
                (2) in the first sentence of paragraph (9), by striking
            ``(but not less than 90 days in the case of housing
            certificates or vouchers under subsection (b) or (o))'' and
            inserting ``, other than a contract under the certificate or
            voucher program''.
        (c) Endless Lease.--Section 8(d)(1)(B) of such Act is amended--
                (1) in clause (ii), by inserting ``during the term of the
            lease,'' after ``(ii)''; and
                (2) in clause (iii), by striking ``provide that'' and
            inserting ``during the term of the lease,''.
        (d) Applicability.--The provisions of this section shall be
    effective for fiscal year 1996 only.

             public housing/section 8 moving to work demonstration

        Sec. 206. (a) Purpose.--The purpose of this demonstration is to
    give public housing agencies and the Secretary of Housing and Urban
    Development the flexibility to design and test various approaches for
    providing and administering housing assistance that: reduce cost and
    achieve greater cost effectiveness in Federal expenditures; give
    incentives to families with children where the head of household is
    working, seeking work, or is preparing for work by participating in job
    training, educational programs, or programs that assist people to
    obtain employment and become economically self-sufficient; and increase
    housing choices for low-income families.
        (b) Program Authority.--The Secretary of Housing and Urban
    Development shall conduct a demonstration program under this section
    beginning in fiscal year 1996 under which up to 30 public housing
    agencies (including Indian housing authorities) administering the
    public or Indian housing program and the section 8 housing assistance
    payments program may be selected by the Secretary to participate. The
    Secretary shall provide training and technical assistance during the
    demonstration and conduct detailed evaluations of up to 15 such
    agencies in an effort to identify replicable program models promoting
    the purpose of the demonstration. Under the demonstration,
    notwithstanding any provision of the United States Housing Act of 1937
    except as provided in subsection (e), an agency may combine operating
    assistance provided under section 9 of the United States Housing Act of
    1937, modernization assistance provided under section 14 of such Act,
    and assistance provided under section 8 of such Act for the certificate
    and voucher programs, to provide housing assistance for low-income
    families, as defined in section 3(b)(2) of the United States Housing
    Act of 1937, and services to facilitate the transition to work on such
    terms and conditions as the agency may propose and the Secretary may
    approve.
        (c) Application.--An application to participate in the
    demonstration--
                (1) shall request authority to combine assistance under
            sections 8, 9, and 14 of the United States Housing Act of 1937;
                (2) shall be submitted only after the public housing agency
            provides for citizen participation through a public hearing
            and, if appropriate, other means;
                (3) shall include a plan developed by the agency that takes
            into account comments from the public hearing and any other
            public comments on the proposed program, and comments from
            current and prospective residents who would be affected, and
            that includes criteria for--
                        (A) families to be assisted, which shall require
                    that at least 75 percent of the families assisted by
                    participating demonstration public housing authorities
                    shall be very low-income families, as defined in
                    section 3(b)(2) of the United States Housing Act of
                    1937;
                        (B) establishing a reasonable rent policy, which
                    shall be designed to encourage employment and self-
                    sufficiency by participating families, consistent with
                    the purpose of this demonstration, such as by excluding
                    some or all of a family's earned income for purposes of
                    determining rent;
                        (C) continuing to assist substantially the same
                    total number of eligible low-income families as would
                    have been served had the amounts not been combined;
                        (D) maintaining a comparable mix of families (by
                    family size) as would have been provided had the
                    amounts not been used under the demonstration; and
                        (E) assuring that housing assisted under the
                    demonstration program meets housing quality standards
                    established or approved by the Secretary; and
                (4) may request assistance for training and technical
            assistance to assist with design of the demonstration and to
            participate in a detailed evaluation.
        (d) Selection.--In selecting among applications, the Secretary
    shall take into account the potential of each agency to plan and carry
    out a program under the demonstration, the relative performance by an
    agency under the public housing management assessment program under
    section 6(j) of the United States Housing Act of 1937, and other
    appropriate factors as determined by the Secretary.
        (e) Applicability of 1937 Act Provisions.--
                (1) Section 18 of the United States Housing Act of 1937
            shall continue to apply to public housing notwithstanding any
            use of the housing under this demonstration.
                (2) Section 12 of such Act shall apply to housing assisted
            under the demonstration, other than housing assisted solely due
            to occupancy by families receiving tenant-based assistance.
        (f) Effect on Section 8, Operating Subsidies, and Comprehensive
    Grant Program Allocations.--The amount of assistance received under
    section 8, section 9, or pursuant to section 14 by a public housing
    agency participating in the demonstration under this part shall not be
    diminished by its participation.
        (g) Records, Reports, and Audits.--
                (1) Keeping of records.--Each agency shall keep such
            records as the Secretary may prescribe as reasonably necessary
            to disclose the amounts and the disposition of amounts under
            this demonstration, to ensure compliance with the requirements
            of this section, and to measure performance.
                (2) Reports.--Each agency shall submit to the Secretary a
            report, or series of reports, in a form and at a time specified
            by the Secretary. Each report shall--
                        (A) document the use of funds made available under
                    this section;
                        (B) provide such data as the Secretary may request
                    to assist the Secretary in assessing the demonstration;
                    and
                        (C) describe and analyze the effect of assisted
                    activities in addressing the objectives of this part.
                (3) Access to documents by the secretary.--The Secretary
            shall have access for the purpose of audit and examination to
            any books, documents, papers, and records that are pertinent to
            assistance in connection with, and the requirements of, this
            section.
                (4) Access to documents by the comptroller general.--The
            Comptroller General of the United States, or any of the duly
            authorized representatives of the Comptroller General, shall
            have access for the purpose of audit and examination to any
            books, documents, papers, and records that are pertinent to
            assistance in connection with, and the requirements of, this
            section.
        (h) Evaluation and Report.--
                (1) Consultation with pha and family representatives.--In
            making assessments throughout the demonstration, the Secretary
            shall consult with representatives of public housing agencies
            and residents.
                (2) Report to congress.--Not later than 180 days after the
            end of the third year of the demonstration, the Secretary shall
            submit to the Congress a report evaluating the programs carried
            out under the demonstration. The report shall also include
            findings and recommendations for any appropriate legislative
            action.
        (i) Funding for Technical Assistance and Evaluation.--From amounts
    appropriated for assistance under section 14 of the United States
    Housing Act of 1937 for fiscal years 1996, 1997, and 1998, the
    Secretary may use up to a total of $5,000,000--
                (1) to provide, directly or by contract, training and
            technical assistance--
                        (A) to public housing agencies that express an
                    interest to apply for training and technical assistance
                    pursuant to subsection (c)(4), to assist them in
                    designing programs to be proposed for the
                    demonstration; and
                        (B) to up to 10 agencies selected to receive
                    training and technical assistance pursuant to
                    subsection (c)(4), to assist them in implementing the
                    approved program; and
                (2) to conduct detailed evaluations of the activities of
            the public housing agencies under paragraph (1)(B), directly or
            by contract.

                extension of multifamily housing finance program

        Sec. 208. (a) The first sentence of section 542(b)(5) of the
    Housing and Community Development Act of 1992 (12 U.S.C. 1707 note) is
    amended by striking ``on not more than 15,000 units over fiscal years
    1993 and 1994'' and inserting ``on not more than 7,500 units during
    fiscal year 1996''.
        (b) The first sentence of section 542(c)(4) of the Housing and
    Community Development Act of 1992 (12 U.S.C. 1707 note) is amended by
    striking ``on not to exceed 30,000 units over fiscal years 1993, 1994,
    and 1995'' and inserting ``on not more than 10,000 units during fiscal
    year 1996''.

            foreclosure of hud-held mortgages through third parties

        Sec. 209. During fiscal year 1996, the Secretary of Housing and
    Urban Development may delegate to one or more entities the authority to
    carry out some or all of the functions and responsibilities of the
    Secretary in connection with the foreclosure of mortgages held by the
    Secretary under the National Housing Act.

     restructuring of the hud multifamily mortgage portfolio through state
                            housing finance agencies

        Sec. 210. During fiscal year 1996, the Secretary of Housing and
    Urban Development may sell or otherwise transfer multifamily mortgages
    held by the Secretary under the National Housing Act to a State housing
    finance agency in connection with a program authorized under section
    542 (b) or (c) of the Housing and Community Development Act of 1992
    without regard to the unit limitations in section 542(b)(5) or
    542(c)(4) of such Act.

                        transfer of section 8 authority

        Sec. 211. Section 8 of the United States Housing Act of 1937 is
    amended by adding the following new subsection at the end:
        ``(bb) Transfer of Budget Authority.--If an assistance contract
    under this section, other than a contract for tenant-based assistance,
    is terminated or is not renewed, or if the contract expires, the
    Secretary shall, in order to provide continued assistance to eligible
    families, including eligible families receiving the benefit of the
    project-based assistance at the time of the termination, transfer any
    budget authority remaining in the contract to another contract. The
    transfer shall be under such terms as the Secretary may prescribe.''.

                   documentation of multifamily refinancings

        Sec. 212. Notwithstanding the 16th paragraph under the item
    relating to ``administrative provisions'' in title II of the
    Departments of Veterans Affairs and Housing and Urban Development, and
    Independent Agencies Appropriations Act, 1995 (Public Law 103-327; 108
    Stat. 2316), the amendments to section 223(a)(7) of the National
    Housing Act made by the 15th paragraph of such Act shall be effective
    during fiscal year 1996 and thereafter.

                    fha multifamily demonstration authority

        Sec. 213. (a) On and after October 1, 1995, and before October 1,
    1997, the Secretary of Housing and Urban Development shall initiate a
    demonstration program with respect to multifamily projects whose owners
    agree to participate and whose mortgages are insured under the National
    Housing Act and that are assisted under section 8 of the United States
    Housing Act of 1937 and whose present section 8 rents are, in the
    aggregate, in excess of the fair market rent of the locality in which
    the project is located. These programs shall be designed to test the
    feasibility and desirability of the goal of ensuring, to the maximum
    extent practicable, that the debt service and operating expenses,
    including adequate reserves, attributable to such multifamily projects
    can be supported with or without mortgage insurance under the National
    Housing Act and with or without above-market rents and utilizing
    project-based assistance or, with the consent of the property owner,
    tenant-based assistance, while taking into account the need for
    assistance of low- and very low-income families in such projects. In
    carrying out this demonstration, the Secretary may use arrangements
    with third parties, under which the Secretary may provide for the
    assumption by the third parties (by delegation, contract, or otherwise)
    of some or all of the functions, obligations, and benefits of the
    Secretary.
                (1) Goals.--The Secretary of Housing and Urban Development
            shall carry out the demonstration programs under this section
            in a manner that--
                        (A) will protect the financial interests of the
                    Federal Government;
                        (B) will result in significant discretionary cost
                    savings through debt restructuring and subsidy
                    reduction; and
                        (C) will, in the least costly fashion, address the
                    goals of--
                                (i) maintaining existing housing stock in a
                            decent, safe, and sanitary condition;
                                (ii) minimizing the involuntary
                            displacement of tenants;
                                (iii) restructuring the mortgages of such
                            projects in a manner that is consistent with
                            local housing market conditions;
                                (iv) supporting fair housing strategies;
                                (v) minimizing any adverse income tax
                            impact on property owners; and
                                (vi) minimizing any adverse impact on
                            residential neighborhoods.
            In determining the manner in which a mortgage is to be
            restructured or the subsidy reduced, the Secretary may balance
            competing goals relating to individual projects in a manner
            that will further the purposes of this section.
                (2) Demonstration approaches.--In carrying out the
            demonstration programs, subject to the appropriation in
            subsection (f), the Secretary may use one or more of the
            following approaches:
                        (A) Joint venture arrangements with third parties,
                    under which the Secretary may provide for the
                    assumption by the third parties (by delegation,
                    contract, or otherwise) of some or all of the
                    functions, obligations, and benefits of the Secretary.
                        (B) Subsidization of the debt service of the
                    project to a level that can be paid by an owner
                    receiving an unsubsidized market rent.
                        (C) Renewal of existing project-based assistance
                    contracts where the Secretary shall approve proposed
                    initial rent levels that do not exceed the greater of
                    120 percent of fair market rents or comparable market
                    rents for the relevant metropolitan market area or at
                    rent levels under a budget-based approach.
                        (D) Nonrenewal of expiring existing project-based
                    assistance contracts and providing tenant-based
                    assistance to previously assisted households.
        (b) For purposes of carrying out demonstration programs under
    subsection (a)--
                (1) the Secretary may manage and dispose of multifamily
            properties owned by the Secretary as of October 1, 1995 and
            multifamily mortgages held by the Secretary as of October 1,
            1995 for properties assisted under section 8 with rents above
            110 percent of fair market rents without regard to any other
            provision of law; and
                (2) the Secretary may delegate to one or more entities the
            authority to carry out some or all of the functions and
            responsibilities of the Secretary in connection with the
            foreclosure of mortgages held by the Secretary under the
            National Housing Act.
        (c) For purposes of carrying out demonstration programs under
    subsection (a), subject to such third party consents (if any) as are
    necessary including but not limited to (i) consent by the Government
    National Mortgage Association where it owns a mortgage insured by the
    Secretary; (ii) consent by an issuer under the mortgage-backed
    securities program of the Association, subject to the responsibilities
    of the issuer to its security holders and the Association under such
    program; and (iii) parties to any contractual agreement which the
    Secretary proposes to modify or discontinue, and subject to the
    appropriation in subsection (c), the Secretary or one or more third
    parties designated by the Secretary may take the following actions:
                (1) Notwithstanding any other provision of law, and subject
            to the agreement of the project owner, the Secretary or third
            party may remove, relinquish, extinguish, modify, or agree to
            the removal of any mortgage, regulatory agreement, project-
            based assistance contract, use agreement, or restriction that
            had been imposed or required by the Secretary, including
            restrictions on distributions of income which the Secretary or
            third party determines would interfere with the ability of the
            project to operate without above market rents. The Secretary or
            third party may require an owner of a property assisted under
            the section 8 new construction/substantial rehabilitation
            program to apply any accumulated residual receipts toward
            effecting the purposes of this section.
                (2) Notwithstanding any other provision of law, the
            Secretary of Housing and Urban Development may enter into
            contracts to purchase reinsurance, or enter into participations
            or otherwise transfer economic interest in contracts of
            insurance or in the premiums paid, or due to be paid, on such
            insurance to third parties, on such terms and conditions as the
            Secretary may determine.
                (3) The Secretary may offer project-based assistance with
            rents at or below fair market rents for the locality in which
            the project is located and may negotiate such other terms as
            are acceptable to the Secretary and the project owner.
                (4) The Secretary may offer to pay all or a portion of the
            project's debt service, including payments monthly from the
            appropriate Insurance Fund, for the full remaining term of the
            insured mortgage.
                (5) Notwithstanding any other provision of law, the
            Secretary may forgive and cancel any FHA-insured mortgage debt
            that a demonstration program property cannot carry at market
            rents while bearing full operating costs.
                (6) For demonstration program properties that cannot carry
            full operating costs (excluding debt service) at market rents,
            the Secretary may approve project-based rents sufficient to
            carry such full operating costs and may offer to pay the full
            debt service in the manner provided in paragraph (4).
        (d) Community and Tenant Input.--In carrying out this section, the
    Secretary shall develop procedures to provide appropriate and timely
    notice to officials of the unit of general local government affected,
    the community in which the project is situated, and the tenants of the
    project.
        (e) Limitation on Demonstration Authority.--The Secretary may carry
    out demonstration programs under this section with respect to mortgages
    not to exceed 15,000 units. The demonstration authorized under this
    section shall not be expanded until the reports required under
    subsection (g) are submitted to the Congress.
        (f) Appropriation.--For the cost of modifying loans held or
    guaranteed by the Federal Housing Administration, as authorized by this
    subsection (a)(2) and subsection (c), $15,000,000, to remain available
    until September 30, 1997: Provided, That such costs shall be as defined
    in section 502 of the Congressional Budget Act of 1974, as amended.
        (g) Report to Congress.--The Secretary shall submit to the Congress
    every six months after the date of enactment of this Act a report
    describing and assessing the programs carried out under the
    demonstrations. The Secretary shall also submit a final report to the
    Congress not later than six months after the end of the demonstrations.
    The reports shall include findings and recommendations for any
    legislative action appropriate. The reports shall also include a
    description of the status of each multifamily housing project selected
    for the demonstrations under this section. The final report may
    include--
                (1) the size of the projects;
                (2) the geographic locations of the projects, by State and
            region;
                (3) the physical and financial condition of the projects;
                (4) the occupancy profile of the projects, including the
            income, family size, race, and ethnic origin of current
            tenants, and the rents paid by such tenants;
                (5) a description of actions undertaken pursuant to this
            section, including a description of the effectiveness of such
            actions and any impediments to the transfer or sale of
            multifamily housing projects;
                (6) a description of the extent to which the demonstrations
            under this section have displaced tenants of multifamily
            housing projects;
                (7) a description of any of the functions performed in
            connection with this section that are transferred or contracted
            out to public or private entities or to States;
                (8) a description of the impact to which the demonstrations
            under this section have affected the localities and communities
            where the selected multifamily housing projects are located;
            and
                (9) a description of the extent to which the demonstrations
            under this section have affected the owners of multifamily
            housing projects.

     assessment collection dates for office of federal housing enterprise
                                   oversight

        Sec. 216. Section 1316(b) of the Housing and Community Development
    Act of 1992 (12 U.S.C. 4516(b)) is amended by striking paragraph (2)
    and inserting the following new paragraph:
        ``(2) Timing of payment.--The annual assessment shall be payable
    semiannually for each fiscal year, on October 1 and April 1.''.

     merger language for assistance for the renewal of expiring section 8
        subsidy contracts and annual contributions for assisted housing

        Sec. 217. All remaining obligated and unobligated balances in the
    Renewal of Expiring Section 8 Subsidy Contracts account on September
    30, 1995, shall immediately thereafter be transferred to and merged
    with the obligated and unobligated balances, respectively, of the
    Annual Contributions for Assisted Housing account.

                                debt forgiveness

        Sec. 218. (a) The Secretary of Housing and Urban Development shall
    cancel the indebtedness of the Hubbard Hospital Authority of Hubbard,
    Texas, relating to the public facilities loan for Project Number PFL-
    TEX-215, issued under title II of the Housing Amendments of 1955. Such
    hospital authority is relieved of all liability to the Government for
    the outstanding principal balance on such loan, for the amount of
    accrued interest on such loan, and for any fees and charges payable in
    connection with such loan.
        (b) The Secretary of Housing and Urban Development shall cancel the
    indebtedness of the Groveton Texas Hospital Authority relating to the
    public facilities loan for Project Number TEX-41-PFL0162, issued under
    title II of the Housing Amendments of 1955. Such hospital authority is
    relieved of all liability to the Government for the outstanding
    principal balance on such loan, for the amount of accrued interest on
    such loan, and for any fees and charges payable in connection with such
    loan.
        (c) The Secretary of Housing and Urban Development shall cancel the
    indebtedness of the Hepzibah Public Service District of Hepzibah, West
    Virginia, relating to the public facilities loan for Project Number WV-
    46-PFL0031, issued under title II of the Housing Amendments of 1955.
    Such public service district is relieved of all liability to the
    Government for the outstanding principal balance on such loan, for the
    amount of accrued interest on such loan, and for any fees and charges
    payable in connection with such loan.

                                 clarifications

        Sec. 219. For purposes of Federal law, the Paul Mirabile Center in
    San Diego, California, including areas within such Center that are
    devoted to the delivery of supportive services, has been determined to
    satisfy the ``continuum of care'' requirements of the Department of
    Housing and Urban Development, and shall be treated as--
                (a) consisting solely of residential units that (i) contain
            sleeping accommodations and kitchen and bathroom facilities,
            (ii) are located in a building that is used exclusively to
            facilitate the transition of homeless individuals (within the
            meaning of section 103 of the Stewart B. McKinney Homeless
            Assistance Act (42 U.S.C. 11302), as in effect on December 19,
            1989) to independent living within 24 months, (iii) are
            suitable for occupancy, with each cubicle constituting a
            separate bedroom and residential unit, (iv) are used on other
            than a transient basis, and (v) shall be originally placed in
            service on November 1, 1995; and
                (b) property that is entirely residential rental property,
            namely, a project for residential rental property.

                             employment limitations

        Sec. 220. (a) By the end of fiscal year 1996 the Department of
    Housing and Urban Development shall employ no more than eight Assistant
    Secretaries, notwithstanding section 4(a) of the Department of Housing
    and Urban Development Act.
        (b) By the end of fiscal year 1996 the Department of Housing and
    Urban Development shall employ no more than 85 schedule C and 20 non-
    career senior executive service employees.

                                  use of funds

        Sec. 221. (a) Of the $93,400,000 earmarked in Public Law 101-144
    (103 Stat. 850), as amended by Public Law 101-302 (104 Stat. 237), for
    special projects and purposes, any amounts remaining of the $500,000
    made available to Bethlehem House in Highland, California, for site
    planning and loan acquisition shall instead be made available to the
    County of San Bernardino in California to assist with the expansion of
    the Los Padrinos Gang Intervention Program and the Unity Home Domestic
    Violence Shelter.
        (b) The amount made available for fiscal year 1995 for the removal
    of asbestos from an abandoned public school building in Toledo, Ohio
    shall be made available for the renovation and rehabilitation of an
    industrial building at the University of Toledo in Toledo, Ohio.

                           lead-based paint abatement

        Sec. 222. (a) Section 1011 of Title X--Residential Lead-Based Paint
    Hazard Reduction Act of 1992 is amended as follows: Strike ``priority
    housing'' wherever it appears in said section and insert ``housing''.
        (b) Section 1011(a) shall be amended as follows: At the end of the
    subsection after the period, insert: ``Grants shall only be made under
    this section to provide assistance for housing which meets the
    following criteria--
                ``(1) for grants made to assist rental housing, at least 50
            percent of the units must be occupied by or made available to
            families with incomes at or below 50 percent of the area median
            income level and the remaining units shall be occupied or made
            available to families with incomes at or below 80 percent of
            the area median income level, and in all cases the landlord
            shall give priority in renting units assisted under this
            section, for not less than 3 years following the completion of
            lead abatement activities, to families with a child under the
            age of six years, except that buildings with five or more units
            may have 20 percent of the units occupied by families with
            incomes above 80 percent of area median income level;
                ``(2) for grants made to assist housing owned by owner-
            occupants, all units assisted with grants under this section
            shall be the principal residence of families with income at or
            below 80 percent of the area median income level, and not less
            than 90 percent of the units assisted with grants under this
            section shall be occupied by a child under the age of six years
            or shall be units where a child under the age of six years
            spends a significant amount of time visiting; and
                ``(3) notwithstanding paragraphs (1) and (2), Round II
            grantees who receive assistance under this section may use such
            assistance for priority housing.''.

          extension period for sharing utility cost savings with phas

        Sec. 223. Section 9(a)(3)(B)(i) of the United States Housing Act of
    1937 is amended by striking ``for a period not to exceed 6 years''.

                              mortgage note sales

        Sec. 223A. The first sentence of section 221(g)(4)(C)(viii) of the
    National Housing Act is amended by striking ``September 30, 1995'' and
    inserting in lieu thereof ``September 30, 1996''.

                             repeal of frost-leland

        Sec. 223B. Section 415 of the Department of Housing and Urban
    Development--Independent Agencies Appropriations Act, 1988 (Public Law
    100-202; 101 Stat. 1329-213) is repealed effective the date of
    enactment of Public Law 104-19. The Secretary is authorized to demolish
    the structures identified in such section. The Secretary is also
    authorized to compensate those local governments which, due to this
    provision, expended local revenues demolishing the developments
    identified in such provision.

                  fha single-family assignment program reform

        Sec. 223C. (a) Correction to Foreclosure Avoidance Provision.-- The
    penultimate proviso of section 204(a) of the National Housing Act (12
    U.S.C. 1710(a)). As added by section 407(a) of the Balanced Budget
    Downpayment Act, I, is amended by striking ``special foreclosure'' and
    inserting in lieu thereof ``special forebearance''.
        (b) Correction to Savings Provision.--Section 230(d) of the
    National Housing Act, as amended by section 407(b) of the Balanced
    Budget Downpayment Act, I, is amended to read as follows:
        ``(d) Savings Provision.--Any mortgage for which the mortgagor has
    applied to the Secretary, before March 15, 1996, for assignment
    pursuant to subsection (b) of this section as in effect before
    enactment of the Balanced Budget Downpayment Act, I, shall continue to
    be governed by the provisions of this section as in effect immediately
    before enactment of the Balanced Budget Downpayment Act, I.''
        (c) Correction to Date for Regulations.--Section 407(d) of the
    Balanced Budget Downpayment Act, I, is amended to read as follows:
        ``(d) Regulations.--Not later than April 15, 1996, the Secretary of
    Housing and Urban Development shall issue interim regulations to
    implement this section and the amendments made by this section.''

                              spending limitations

        Sec. 223D. (a) None of the funds in this Act may be used by the
    Secretary to impose any sanction, or penalty because of the enactment
    of any State or local law or regulation declaring English as the
    official language.
        (b) No part of any appropriation contained in this Act shall be
    used for lobbying activities as prohibited by law.

               transfer of functions to the department of justice

        Sec. 223E. All functions, activities and responsibilities of the
    Secretary of Housing and Urban Development relating to title VIII of
    the Civil Rights Act of 1968, as amended by the Fair Housing Amendments
    Act of 1988, and the Fair Housing Act, including any rights guaranteed
    under the Fair Housing Act (including any functions relating to the
    Fair Housing Initiatives program under section 561 of the Housing and
    Community Development Act of 1987), are hereby transferred to the
    Attorney General of the United States effective April 1, 1997:
    Provided, That none of the aforementioned authority or responsibility
    for enforcement of the Fair Housing Act shall be transferred to the
    Attorney General until adequate personnel and resources allocated to
    such activity at the Department of Housing and Urban Development are
    transferred to the Department of Justice.
        Sec. 224. None of the funds provided in this Act may be used during
    fiscal year 1996 to investigate or prosecute under the Fair Housing Act
    (42 U.S.C. 3601, et seq.) any otherwise lawful activity engaged in by
    one or more persons, including the filing or maintaining of non-
    frivolous legal action, that is engaged in solely for the purposes of
    achieving or preventing action by a Government official, entity, or
    court of competent jurisdiction.
        Sec. 225. None of the funds provided in this Act many be used to
    take any enforcement action with respect to a complaint of
    discrimination under the Fair Housing Act (42 U.S.C. 3601, et seq.) on
    the basis of familial status and which involves an occupancy standard
    established by the housing provider except to the extent that it is
    found that there has been discrimination in contravention of the
    standards provided in the March 20, 1991 Memorandum from the General
    Counsel of the Department of Housing and Urban Development to all
    Regional Counsel or until such time that HUD issues a final rule in
    accordance with section 553 of title 5, United States Code.

                            cdbg eligible activities

        Sec. 226. Section 105(a) of the Housing and Community Development
    Act of 1974 (42 U.S.C. 5305(a)) is amended--
                (1) in paragraph (4)--
                        (A) by inserting ``reconstruction,'' after
                    ``removal,''; and
                        (B) by striking ``acquisition for rehabilitation,
                    and rehabilitation'' and inserting ``acquisition for
                    reconstruction or rehabilitation, and reconstruction or
                    rehabilitation'';
                (2) in paragraph (13), by striking ``and'' at the end;
                (3) by striking paragraph (19);
                (4) in paragraph (24), by striking ``and'' at the end;
                (5) in paragraph (25), by striking the period at the end
            and inserting ``; and'';
                (6) by redesignating paragraphs (20) through (25) as
            paragraphs (19) through (24), respectively; and
                (7) by redesignating paragraph (21) (as added by section
            1012(f)(3) of the Housing and Community Development Act of
            1992) as paragraph (25).
        Sec. 227. (a) The second sentence of section 236(f)(1) of the
    National Housing Act, as amended by section 405(d)(1) of The Balanced
    Budget Downpayment Act, I, is amended--
                (1) by striking ``or (ii)'' and inserting ``(ii)''; and
                (2) by striking ``located,'' and inserting: ``located, or
            (iii) the actual rent (as determined by the Secretary) paid for
            a comparable unit in comparable unassisted housing in the
            market area in which the housing assisted under this section is
            located,''.
        (b) The first sentence of section 236(g) of the National Housing
    Act is amended by inserting the phrase ``on a unit-by-unit basis''
    after ``collected''.

                                   TITLE III

                              INDEPENDENT AGENCIES

                      American Battle Monuments Commission

                             salaries and expenses

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one for replacement only)
    and hire of passenger motor vehicles; and insurance of official motor
    vehicles in foreign countries, when required by law of such countries;
    $20,265,000, to remain available until expended: Provided, That where
    station allowance has been authorized by the Department of the Army for
    officers of the Army serving the Army at certain foreign stations, the
    same allowance shall be authorized for officers of the Armed Forces
    assigned to the Commission while serving at the same foreign stations,
    and this appropriation is hereby made available for the payment of such
    allowance: Provided further, That when traveling on business of the
    Commission, officers of the Armed Forces serving as members or as
    Secretary of the Commission may be reimbursed for expenses as provided
    for civilian members of the Commission: Provided further, That the
    Commission shall reimburse other Government agencies, including the
    Armed Forces, for salary, pay, and allowances of personnel assigned to
    it.

                           Department of the Treasury

               community development financial institutions fund

                                program account

        For grants, loans, and technical assistance to qualifying community
    development financial institutions, and administrative expenses of the
    Fund, $50,000,000, to remain available until September 30, 1997:
    Provided, That of the funds made available under this heading not to
    exceed $4,000,000 may be used for the cost of direct loans, and not to
    exceed $400,000 may be used for administrative expenses to carry out
    the direct loan program: Provided further, That the cost of direct
    loans, including the cost of modifying such loans, shall be defined as
    in section 502 of the Congressional Budget Act of 1974: Provided
    further, That such funds are available to subsidize gross obligations
    for the principal amount of direct loans not to exceed $31,600,000:
    Provided further, That none of these funds shall be used to supplement
    existing resources provided to the Department for activities such as
    external affairs, general counsel, administration, finance, or office
    of inspector general: Provided further, That none of these funds shall
    be available for expenses of an Administrator as defined in section 104
    of the Community Development Banking and Financial Institutions Act of
    1994 (CDBFI Act): Provided further, That notwithstanding any other
    provision of law, for purposes of administering the Community
    Development Financial Institutions Fund, the Secretary of the Treasury
    shall have all powers and rights of the Administrator of the CDBFI Act
    and the Fund shall be within the Department of the Treasury.

                       Consumer Product Safety Commission

                             salaries and expenses

        For necessary expenses of the Consumer Product Safety Commission,
    including hire of passenger motor vehicles, services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the rate for GS-18, purchase of nominal awards to
    recognize non-Federal officials' contributions to Commission
    activities, and not to exceed $500 for official reception and
    representation expenses, $40,000,000.

                 Corporation for National and Community Service

           national and community service programs operating expenses

                         (including transfer of funds)

        For necessary expenses for the Corporation for National and
    Community Service (referred to in the matter under this heading as the
    ``Corporation'') in carrying out programs, activities, and initiatives
    under the National and Community Service Act of 1990 (referred to in
    the matter under this heading as the ``Act'') (42 U.S.C. 12501 et
    seq.), $383,500,000, of which $234,000,000 shall be available for
    obligation from September 1, 1996, through August 21, 1997: Provided,
    That not more than $25,000,000 shall be available for administrative
    expenses authorized under section 501(a)(4) of the Act (42 U.S.C.
    12681(a)(4)): Provided further, That not more than $2,500 shall be for
    official reception and representation expenses: Provided further, That
    not more than $59,000,000, to remain available without fiscal year
    limitation, shall be transferred to the National Service Trust account
    for educational awards authorized under subtitle D of title I of the
    Act (42 U.S.C. 12601 et seq.): Provided further, That not more than
    $175,000,000 of the amount provided under this heading shall be
    available for grants under the National Service Trust program
    authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
    seq.) (relating to activities including the Americorps program):
    Provided further, That not more than $3,500,000 of the funds made
    available under this heading shall be made available for the Points of
    Light Foundation for activities authorized under title III of the Act
    (42 U.S.C. 12661 et seq.): Provided further, That not more than
    $40,000,000 of the funds made available under this heading may be used
    to administer, reimburse, or support any national service program
    authorized under section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)),
    and none of such funds shall be available for national service programs
    run by Federal agencies authorized under section 121(b) of such Act (42
    U.S.C. 12581(b)): Provided further, That, to the maximum extent
    feasible, funds appropriated in the preceding proviso shall be provided
    in a manner that is consistent with the recommendations of peer review
    panels in order to ensure that priority is given to programs that
    demonstrate quality, innovation, replicability, and sustainability:
    Provided further, That not more than $18,000,000 of the funds made
    available under this heading shall be available for the Civilian
    Community Corps authorized under subtitle E of title I of the Act (42
    U.S.C. 12611 et seq.): Provided further, That not more than $43,000,000
    shall be available for school-based and community-based service-
    learning programs authorized under subtitle B of title I of the Act (42
    U.S.C. 12521 et seq.): Provided further, That not more than $15,000,000
    shall be available for quality and innovation activities authorized
    under subtitle H of title I of the Act (42 U.S.C. 12653 et seq.):
    Provided further, That not more than $5,000,000 shall be available for
    audits and other evaluations authorized under section 179 of the Act
    (42 U.S.C. 12639), of which up to $500,000 shall be available for a
    study by the National Academy of Public Administration on the
    structure, organization, and management of the Corporation and
    activities supported by the Corporation, including an assessment of the
    quality, innovation, replicability, and sustainability without Federal
    funds of such activities, and the Federal and non-federal cost of
    supporting participants in community service activities: Provided
    further, That no funds from any other appropriation, or from funds
    otherwise made available to the Corporation, shall be used to pay for
    personnel compensation and benefits, travel, or any other
    administrative expense for the Board of Directors, the Office of the
    Chief Executive Officer, the Office of the Managing Director, the
    Office of the Chief Financial Officer, the Office of National and
    Community Service Programs, the Civilian Community Corps, or any field
    office or staff of the Corporation working on the National and
    Community Service or Civilian Community Corps programs: Provided
    further, That to the maximum extent practicable, the Corporation shall
    increase significantly the level of matching funds and in-kind
    contributions provided by the private sector, shall expand
    significantly the number of educational awards provided under subtitle
    D of title 1, and shall reduce the total Federal cost per participant
    in all programs.

                          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,
    $2,000,000.

                           Court of Veterans Appeals

                             salaries and expenses

        For necessary expenses for the operation of the United States Court
    of Veterans Appeals as authorized by 38 U.S.C. sections 7251-7292,
    $9,000,000, of which not to exceed $678,000, to remain available until
    September 30, 1997, shall be available for the purpose of providing
    financial assistance as described, and in accordance with the process
    and reporting procedures set forth, under this head in Public Law 102-
    229.

                          Department of Defense--Civil

                           Cemeterial Expenses, Army

                             salaries and expenses

        For necessary expenses, as authorized by law, for maintenance,
    operation, and improvement of Arlington National Cemetery and Soldiers'
    and Airmen's Home National Cemetery, and not to exceed $1,000 for
    official reception and representation expenses; $11,946,000, to remain
    available until expended.

                        Environmental Protection Agency

                             science and technology

        For science and technology, including research and development
    activities, which shall include research and development activities
    under the Comprehensive Environmental Response, Compensation and
    Liability Act of 1980 (CERCLA), as amended; necessary expenses for
    personnel and related costs and travel expenses, including uniforms, or
    allowances therefore, as authorized by 5 U.S.C. 5901-5902; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for GS-18; procurement of
    laboratory equipment and supplies; other operating expenses in support
    of research and development; construction, alteration, repair,
    rehabilitation and renovation of facilities, not to exceed $75,000 per
    project; $525,000,000, which shall remain available until September 30,
    1997.

                     environmental programs and management

        For environmental programs and management, including necessary
    expenses, not otherwise provided for, for personnel and related costs
    and travel expenses, including uniforms, or allowances therefore, as
    authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for GS-18; hire of passenger motor vehicles;
    hire, maintenance, and operation of aircraft; purchase of reprints;
    library memberships in societies or associations which issue
    publications to members only or at a price to members lower than to
    subscribers who are not members; construction, alteration, repair,
    rehabilitation, and renovation of facilities, not to exceed $75,000 per
    project; and not to exceed $6,000 for official reception and
    representation expenses; $1,590,300,000, which shall remain available
    until September 30, 1997: Provided, That, notwithstanding any other
    provision of law, for this fiscal year and hereafter, an industrial
    discharger that is a pharmaceutical manufacturing facility and
    discharged to the Kalamazoo Water Reclamation Plant (an advanced
    wastewater treatment plant with activated carbon) prior to the date of
    enactment of this Act may be exempted from categorical pretreatment
    standards under section 307(b) of the Federal Water Pollution Control
    Act, as amended, if the following conditions are met:
                (1) the owner or operator of the Kalamazoo Water
            Reclamation Plant applies to the State of Michigan for an
            exemption for such industrial discharger,
                (2) the State or Administrator, as applicable, approves
            such exemption request based upon a determination that the
            Kalamazoo Water Reclamation Plant will provide treatment and
            pollution removal equivalent to or better than that which would
            be required through a combination of pretreatment by such
            industrial discharger and treatment by the Kalamazoo Water
            Reclamation Plant in the absence of the exemption, and
                (3) compliance with paragraph (2) is addressed by the
            provisions and conditions of a permit issued to the Kalamazoo
            Water Reclamation Plant under section 402 of such Act, and
            there exists an operative financial contract between the City
            of Kalamazoo and the industrial user and an approved local
            pretreatment program, including a joint monitoring program and
            local controls to prevent against interference and pass
            through.

                          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, and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $75,000 per project,
    $28,500,000.

                            buildings and facilities

        For construction, repair, improvement, extension, alteration, and
    purchase of fixed equipment or facilities of, or use by, the
    Environmental Protection Agency, $60,000,000, to remain available until
    expended.

                         hazardous substance superfund

                         (including transfer of funds)

        For necessary expenses to carry out the Comprehensive Environmental
    Response, Compensation and Liability Act of 1980 (CERCLA), as amended,
    including sections 111 (c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
    9611), and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $75,000 per project; not to
    exceed $1,263,400,000, to remain available until expended, consisting
    of $1,013,400,000 as authorized by section 517(a) of the Superfund
    Amendments and Reauthorization Act of 1986 (SARA), as amended by Public
    Law 101-508 (of which, $100,000,000 shall not become available until
    September 1, 1996), and $250,000,000 as a payment from general revenues
    to the Hazardous Substance Superfund as authorized by section 517(b) of
    SARA, as amended by Public Law 101-508: Provided, That funds
    appropriated under this heading may be allocated to other Federal
    agencies in accordance with section 111(a) of CERCLA: Provided further,
    That $11,000,000 of the funds appropriated under this heading shall be
    transferred to the Office of Inspector General appropriation to remain
    available until September 30, 1996: Provided further, That
    notwithstanding section 111(m) of CERCLA or any other provision of law,
    not to exceed $59,000,000 of the funds appropriated under this heading
    shall be available to the Agency for Toxic Substances and Disease
    Registry to carry out activities described in sections 104(i),
    111(c)(4), and 111(c)(14) of CERCLA and section 118(f) of the Superfund
    Amendments and Reauthorization Act of 1986: Provided further, That none
    of the funds appropriated under this heading shall be available for the
    Agency for Toxic Substances and Disease Registry to issue in excess of
    40 toxicological profiles pursuant to section 104(i) of CERCLA during
    fiscal year 1996: Provided further, That none of the funds made
    available under this heading may be used by the Environmental
    Protection Agency to propose for listing or to list any additional
    facilities on the National Priorities List established by section 105
    of the Comprehensive Environmental Response, Compensation and Liability
    Act (CERCLA), as amended (42 U.S.C. 9605), unless the Administrator
    receives a written request to propose for listing or to list a facility
    from the Governor of the State in which the facility is located, or
    unless legislation to reauthorize CERCLA is enacted.

                  leaking underground storage tank trust fund

                         (including transfer of funds)

        For necessary expenses to carry out leaking underground storage
    tank cleanup activities authorized by section 205 of the Superfund
    Amendments and Reauthorization Act of 1986, and for construction,
    alteration, repair, rehabilitation, and renovation of facilities, not
    to exceed $75,000 per project, $45,827,000, to remain available until
    expended: Provided, That no more than $7,000,000 shall be available for
    administrative expenses: Provided further, That $500,000 shall be
    transferred to the Office of Inspector General appropriation to remain
    available until September 30, 1996.

                               oil spill response

                         (including transfer of funds)

        For expenses necessary to carry out the Environmental Protection
    Agency's responsibilities under the Oil Pollution Act of 1990,
    $15,000,000, to be derived from the Oil Spill Liability trust fund, and
    to remain available until expended: Provided, That not more than
    $8,000,000 of these funds shall be available for administrative
    expenses.

                       state and tribal assistance grants

        For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $2,423,000,000, to remain available until expended,
    of which $1,500,000,000 shall be for making capitalization grants for
    State revolving funds to support water infrastructure financing;
    $100,000,000 for architectural, engineering, design, construction and
    related activities in connection with the construction of high priority
    water and wastewater facilities in the area of the United States-Mexico
    Border, after consultation with the appropriate border commission;
    $50,000,000 for grants to the State of Texas, which shall be matched by
    an equal amount of State funds from State resources, for the purpose of
    improving wastewater treatment for colonias; $15,000,000 for grants to
    the State of Alaska, subject to an appropriate cost share as determined
    by the Administrator, to address wastewater infrastructure needs of
    rural and Alaska Native villages; and $100,000,000 for making grants
    for the construction of wastewater treatment facilities and the
    development of groundwater in accordance with the terms and conditions
    specified for such grants in the Conference Report accompanying this
    Act (H.R. 2099): Provided, That beginning in fiscal year 1996 and each
    fiscal year thereafter, and notwithstanding any other provision of law,
    the Administrator is authorized to make grants annually from funds
    appropriated under this heading, subject to such terms and conditions
    as the Administrator shall establish, to any State or federally
    recognized Indian tribe for multimedia or single media pollution
    prevention, control and abatement and related environmental activities
    at the request of the Governor or other appropriate State official or
    the tribe: Provided further, That from funds appropriated under this
    heading, the Administrator may make grants to federally recognized
    Indian governments for the development of multimedia environmental
    programs: Provided further, That of the $1,500,000,000 for
    capitalization grants for State revolving funds to support water
    infrastructure financing, $325,000,000 shall be for drinking water
    State revolving funds, but if no drinking water State revolving fund
    legislation is enacted by June 1, 1996, these funds shall immediately
    be available for making capitalization grants under title VI of the
    Federal Water Pollution Control Act, as amended: Provided further, That
    of the funds made available in Public Law 103-327 and in Public Law
    103-124 for capitalization grants for State revolving funds to support
    water infrastructure financing, $225,000,000 shall be made available
    for capitalization grants for State revolving funds under title VI of
    the Federal Water Pollution Control Act, as amended, if no drinking
    water State revolving fund legislation is enacted by June 1, 1996:
    Provided further, That of the funds made available under this heading
    for capitalization grants for State Revolving Funds under title VI of
    the Federal Water Pollution Control Act, as amended, $50,000,000 shall
    be for wastewater treatment in impoverished communities pursuant to
    section 102(d) of H.R. 961 as approved by the United States House of
    Representatives on May 16, 1995: Provided further, That of the funds
    appropriated in the Construction Grants and Water Infrastructure/State
    Revolving Funds accounts since the appropriation for the fiscal year
    ending September 30, 1992, and hereafter, for making grants for
    wastewater treatment works construction projects, portions may be
    provided by the recipients to States for managing construction grant
    activities, on condition that the States agree to reimburse the
    recipients from State funding sources: Provided further, That the funds
    made available in Public Law 103-327 for a grant to the City of Mt.
    Arlington, New Jersey, in accordance with House Report 103-715, shall
    be available for a grant to that city for water and sewer improvements.

                           administrative provisions

        Sec. 301. None of the funds provided in this Act may be used within
    the Environmental Protection Agency for any final action by the
    Administrator or her delegate for signing and publishing for
    promulgation of a rule concerning any new standard for radon in
    drinking water.
        Sec. 302. None of the funds provided in this Act may be used during
    fiscal year 1996 to sign, promulgate, implement or enforce the
    requirement proposed as ``Regulation of Fuels and Fuel Additives:
    Individual Foreign Refinery Baseline Requirements for Reformulated
    Gasoline'' at volume 59 of the Federal Register at pages 22800 through
    22814.
        Sec. 303. None of the funds appropriated to the Environmental
    Protection Agency for fiscal year 1996 may be used to implement section
    404(c) of the Federal Water Pollution Control Act, as amended. No
    pending action by the Environmental Protection Agency to implement
    section 404(c) with respect to an individual permit shall remain in
    effect after the date of enactment of this Act.
        Sec. 304. None of the funds appropriated under this Act may be used
    to implement the requirements of section 186(b)(2), section 187(b) or
    section 211(m) of the Clean Air Act (42 U.S.C. 7512(b)(2), 7512a(b), or
    7545(m)) with respect to any moderate nonattainment area in which the
    average daily winter temperature is below 0 degrees Fahrenheit. The
    preceding sentence shall not be interpreted to preclude assistance from
    the Environmental Protection Agency to the State of Alaska to make
    progress toward meeting the carbon monoxide standard in such areas and
    to resolve remaining issues regarding the use of oxygenated fuels in
    such areas.
        Sec. 305. Notwithstanding any other provision of law, the
    Environmental Protection Agency shall: (1) transfer all real property
    acquired in Bay City, Michigan, for the creation of the Center for
    Ecology, Research and Training (CERT) to the City of Bay City or other
    local public or municipal entity; and (2) make a grant in fiscal year
    1996 to the recipient of the property of not less than $3,000,000 from
    funds previously appropriated for the CERT project for the purpose of
    environmental remediation and rehabilitation of real property included
    in the boundaries of the CERT project. The disposition of property
    shall be by donation or no-cost transfer and shall be made to the City
    of Bay City, Michigan or other local public or municipal entity.
        Further, notwithstanding any other provision of law, the agency
    shall have the authority to demolish or dispose of any improvements on
    such real property, or to donate, sell, or transfer any personal
    property or improvements on such real property to members of the
    general public, by auction or public sale, and to apply any funds
    received to costs related to the transfer of the real property
    authorized hereunder.

                       Executive Office of the President

                    office of science and technology policy

        For necessary expenses of the Office of Science and Technology
    Policy, in carrying out the purposes of the National Science and
    Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
    6601 and 6671), hire of passenger motor vehicles, services as
    authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
    reception and representation expenses, and rental of conference rooms
    in the District of Columbia, $4,981,000: Provided, That the Office of
    Science and Technology Policy shall reimburse other agencies for not
    less than one-half of the personnel compensation costs of individuals
    detailed to it.

      council on environmental quality and office of environmental quality

        For necessary expenses to continue functions assigned to the
    Council on Environmental Quality and Office of Environmental Quality
    pursuant to the National Environmental Policy Act of 1969, the
    Environmental Improvement Act of 1970 and Reorganization Plan No. 1 of
    1977, $2,180,000.

                      Federal Emergency Management Agency

                                disaster relief

        For necessary expenses in carrying out the functions of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5121 et seq.), $222,000,000, to remain available until expended.

                disaster assistance direct loan program account

        For the cost of direct loans, $2,155,000, as authorized by section
    319 of the Robert T. Stafford Disaster Relief and Emergency Assistance
    Act (42 U.S.C. 5121 et seq.): 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 gross obligations for the
    principal amount of direct loans not to exceed $25,000,000.
        In addition, for administrative expenses to carry out the direct
    loan program, $95,000.

                             salaries and expenses

        For necessary expenses, not otherwise provided for, including hire
    and purchase of motor vehicles (31 U.S.C. 1343); uniforms, or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for GS-18; expenses of
    attendance of cooperating officials and individuals at meetings
    concerned with the work of emergency preparedness; transportation in
    connection with the continuity of Government programs to the same
    extent and in the same manner as permitted the Secretary of a Military
    Department under 10 U.S.C. 2632; and not to exceed $2,500 for official
    reception and representation expenses; $168,900,000.

                        office of the inspector general

        For necessary expenses of the Office of the Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $4,673,000.

                  emergency management planning and assistance

        For necessary expenses, not otherwise provided for, to carry out
    activities under the National Flood Insurance Act of 1968, as amended,
    and the Flood Disaster Protection Act of 1973, as amended (42 U.S.C.
    4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
    Reduction Act of 1977, as amended (42 U.S.C. 7701 et seq.), the Federal
    Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
    seq.), the Defense Production Act of 1950, as amended (50 U.S.C. App.
    2061 et seq.), sections 107 and 303 of the National Security Act of
    1947, as amended (50 U.S.C. 404-405), and Reorganization Plan No. 3 of
    1978, $203,044,000.

                       emergency food and shelter program

        There is hereby appropriated $100,000,000 to the Federal Emergency
    Management Agency to carry out an emergency food and shelter program
    pursuant to title III of Public Law 100-77, as amended: Provided, That
    total administrative costs shall not exceed three and one-half per
    centum of the total appropriation.

                         national flood insurance fund

        For activities under the National Flood Insurance Act of 1968, the
    Flood Disaster Protection Act of 1973, and the National Flood Insurance
    Reform Act of 1994, not to exceed $20,562,000 for salaries and expenses
    associated with flood mitigation and flood insurance operations, and
    not to exceed $70,464,000 for flood mitigation, including up to
    $12,000,000 for expenses under section 1366 of the National Flood
    Insurance Act of 1968, as amended, which amount shall be available
    until September 30, 1997. In fiscal year 1996, no funds in excess of
    (1) $47,000,000 for operating expenses, (2) $292,526,000 for agents'
    commissions and taxes, and (3) $3,500,000 for interest on Treasury
    borrowings shall be available from the National Flood Insurance Fund
    without prior notice to the Committees on Appropriations.

                            administrative provision

        The Director of the Federal Emergency Management Agency shall
    promulgate through rulemaking a methodology for assessment and
    collection of fees to be assessed and collected beginning in fiscal
    year 1996 applicable to persons subject to the Federal Emergency
    Management Agency's radiological emergency preparedness regulations.
    The aggregate charges assessed pursuant to this section during fiscal
    year 1996 shall approximate, but not be less than, 100 per centum of
    the amounts anticipated by the Federal Emergency Management Agency to
    be obligated for its radiological emergency preparedness program for
    such fiscal year. The methodology for assessment and collection of fees
    shall be fair and equitable, and shall reflect the full amount of costs
    of providing radiological emergency planning, preparedness, response
    and associated services. Such fees will be assessed in a manner that
    reflects the use of agency resources for classes of regulated persons
    and the administrative costs of collecting such fees. Fees received
    pursuant to this section shall be deposited in the general fund of the
    Treasury as offsetting receipts. Assessment and collection of such fees
    are only authorized during fiscal year 1996.

                        General Services Administration

                          consumer information center

        For necessary expenses of the Consumer Information Center,
    including services authorized by 5 U.S.C. 3109, $2,061,000, to be
    deposited into the Consumer Information Center Fund: Provided, That the
    appropriations, revenues and collections deposited into the fund shall
    be available for necessary expenses of Consumer Information Center
    activities in the aggregate amount of $7,500,000. Administrative
    expenses of the Consumer Information Center in fiscal year 1996 shall
    not exceed $2,602,000. Appropriations, revenues, and collections
    accruing to this fund during fiscal year 1996 in excess of $7,500,000
    shall remain in the fund and shall not be available for expenditure
    except as authorized in appropriations Acts.

                 National Aeronautics and Space Administration

                               human space flight

        For necessary expenses, not otherwise provided for, in the conduct
    and support of human space flight research and development activities,
    including research; development; operations; services; maintenance;
    construction of facilities including repair, rehabilitation, and
    modification of real and personal property, and acquisition or
    condemnation of real property, as authorized by law; space flight,
    spacecraft control and communications activities including operations,
    production, and services; and purchase, lease, charter, maintenance,
    and operation of mission and administrative aircraft; $5,456,600,000,
    to remain available until September 30, 1997.

                      science, aeronautics and technology

        For necessary expenses, not otherwise provided for, for the conduct
    and support of science, aeronautics, and technology research and
    development activities, including research; development; operations;
    services; maintenance; construction of facilities including repair,
    rehabilitation and modification of real and personal property, and
    acquisition or condemnation of real property, as authorized by law;
    space flight, spacecraft control and communications activities
    including operations, production, and services; and purchase, lease,
    charter, maintenance, and operation of mission and administrative
    aircraft; $5,845,900,000, to remain available until September 30, 1997.

                                mission support

        For necessary expenses, not otherwise provided for, in carrying out
    mission support for human space flight programs and science,
    aeronautical, and technology programs, including research operations
    and support; space communications activities including operations,
    production, and services; maintenance; construction of facilities
    including repair, rehabilitation, and modification of facilities, minor
    construction of new facilities and additions to existing facilities,
    facility planning and design, environmental compliance and restoration,
    and acquisition or condemnation of real property, as authorized by law;
    program management; personnel and related costs, including uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902); travel
    expenses; purchase, lease, charter, maintenance, and operation of
    mission and administrative aircraft; not to exceed $35,000 for official
    reception and representation expenses; and purchase (not to exceed
    thirty-three for replacement only) and hire of passenger motor
    vehicles; $2,502,200,000, to remain available until September 30, 1997.

                          office of inspector general

        For necessary expenses of the Office of the Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $16,000,000.

                           administrative provisions

                         (including transfer of funds)

        Notwithstanding the limitation on the availability of funds
    appropriated for ``Human space flight'', ``Science, aeronautics and
    technology'', or ``Mission support'' by this appropriations Act, when
    any activity has been initiated by the incurrence of obligations for
    construction of facilities as authorized by law, the amount available
    for such activity shall remain available until expended. This provision
    does not apply to the amounts appropriated in ``Mission support''
    pursuant to the authorization for repair, rehabilitation and
    modification of facilities, minor construction of new facilities and
    additions to existing facilities, and facility planning and design.
        Notwithstanding the limitation on the availability of funds
    appropriated for ``Human space flight'', ``Science, aeronautics and
    technology'', or ``Mission support'' by this appropriations Act, the
    amounts appropriated for construction of facilities shall remain
    available until September 30, 1998.
        Notwithstanding the limitation on the availability of funds
    appropriated for ``Mission support'' and ``Office of Inspector
    General'', amounts made available by this Act for personnel and related
    costs and travel expenses of the National Aeronautics and Space
    Administration shall remain available until September 30, 1996 and may
    be used to enter into contracts for training, investigations, cost
    associated with personnel relocation, and for other services, to be
    provided during the next fiscal year.
        The unexpired balances of prior appropriations to NASA for
    activities for which funds are provided under this Act may be
    transferred to the new account established for the appropriation that
    provides funds for such activity under this Act. Balances so
    transferred may be merged with funds in the newly established account
    and thereafter may be accounted for as one fund to be available for the
    same purposes and under the same terms and conditions.
        Upon the determination by the Administrator that such action is
    necessary, the Administrator may, with the approval of the Office of
    Management and Budget, transfer not to exceed $50,000,000 of funds made
    available in this Act to the National Aeronautics and Space
    Administration between such appropriations or any subdivision thereof,
    to be merged with and to be available for the same purposes, and for
    the same time period, as the appropriation to which transferred:
    Provided, That such authority to transfer may not be used unless for
    higher priority items, based on unforeseen requirements, than those for
    which originally appropriated: Provided further, That the Administrator
    of the National Aeronautics and Space Administration shall notify the
    Congress promptly of all transfers made pursuant to this authority.

                      National Credit Union Administration

                           central liquidity facility

        During fiscal year 1996, gross obligations of the Central Liquidity
    Facility for the principal amount of new direct loans to member credit
    unions as authorized by the National Credit Union Central Liquidity
    Facility Act (12 U.S.C. 1795) shall not exceed $600,000,000: Provided,
    That administrative expenses of the Central Liquidity Facility in
    fiscal year 1996 shall not exceed $560,000.

                          National Science Foundation

                        research and related activities

        For necessary expenses in carrying out the purposes of the National
    Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
    the Act to establish a National Medal of Science (42 U.S.C. 1880-1881);
    services as authorized by 5 U.S.C. 3109; maintenance and operation of
    aircraft and purchase of flight services for research support;
    acquisition of aircraft; $2,274,000,000, of which not to exceed
    $235,000,000 shall remain available until expended for Polar research
    and operations support, and for reimbursement to other Federal agencies
    for operational and science support and logistical and other related
    activities for the United States Antarctic program; the balance to
    remain available until September 30, 1997: Provided, That receipts for
    scientific support services and materials furnished by the National
    Research Centers and other National Science Foundation supported
    research facilities may be credited to this appropriation: Provided
    further, That to the extent that the amount appropriated is less than
    the total amount authorized to be appropriated for included program
    activities, all amounts, including floors and ceilings, specified in
    the authorizing Act for those program activities or their subactivities
    shall be reduced proportionally.

                            major research equipment

        For necessary expenses in carrying out major construction projects,
    and related expenses, pursuant to the purposes of the National Science
    Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), $70,000,000,
    to remain available until expended.

                        academic research infrastructure

        For necessary expenses in carrying out an academic research
    infrastructure program pursuant to the purposes of the National Science
    Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including
    services as authorized by 5 U.S.C. 3109 and rental of conference rooms
    in the District of Columbia, $100,000,000, to remain available until
    September 30, 1997.

                         education and human resources

        For necessary expenses in carrying out science and engineering
    education and human resources programs and activities pursuant to the
    purposes of the National Science Foundation Act of 1950, as amended (42
    U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109
    and rental of conference rooms in the District of Columbia,
    $599,000,000, to remain available until September 30, 1997: Provided,
    That to the extent that the amount of this appropriation is less than
    the total amount authorized to be appropriated for included program
    activities, all amounts, including floors and ceilings, specified in
    the authorizing Act for those program activities or their subactivities
    shall be reduced proportionally.

                             salaries and expenses

        For necessary salaries and expenses in carrying out the purposes of
    the National Science Foundation Act of 1950, as amended (42 U.S.C.
    1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger
    motor vehicles; not to exceed $9,000 for official reception and
    representation expenses; uniforms or allowances therefor, as authorized
    by law (5 U.S.C. 5901-5902); rental of conference rooms in the District
    of Columbia; reimbursement of the General Services Administration for
    security guard services; $127,310,000: Provided, That contracts may be
    entered into under salaries and expenses in fiscal year 1996 for
    maintenance and operation of facilities, and for other services, to be
    provided during the next fiscal year.

                          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, $4,490,000, to remain available until September 30, 1997.

              national science foundation headquarters relocation

        For necessary support of the relocation of the National Science
    Foundation, $5,200,000: Provided, That these funds shall be used to
    reimburse the General Services Administration for services and related
    acquisitions in support of relocating the National Science Foundation.

                     Neighborhood Reinvestment Corporation

              payment to the neighborhood reinvestment corporation

        For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $38,667,000.

                            Selective Service System

                             salaries and expenses

        For necessary expenses of the Selective Service System, including
    expenses of attendance at meetings and of training for uniformed
    personnel assigned to the Selective Service System, as authorized by
    law (5 U.S.C. 4101-4118) for civilian employees; and not to exceed
    $1,000 for official reception and representation expenses; $22,930,000:
    Provided, That during the current fiscal year, the President may exempt
    this appropriation from the provisions of 31 U.S.C. 1341, whenever he
    deems such action to be necessary in the interest of national defense:
    Provided further, That none of the funds appropriated by the Act may be
    expended for or in connection with the induction of any person into the
    Armed Forces of the United States.

                                    TITLE IV

                                  CORPORATIONS

        Corporations and agencies of the Department of Housing and Urban
    Development which are subject to the Government Corporation Control
    Act, as amended, are hereby authorized to make such expenditures,
    within the limits of funds and borrowing authority available to each
    such corporation or agency and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of the Act as may be necessary in carrying out
    the programs set forth in the budget for 1996 for such corporation or
    agency except as hereinafter provided: Provided, That collections of
    these corporations and agencies may be used for new loan or mortgage
    purchase commitments only to the extent expressly provided for in this
    Act (unless such loans are in support of other forms of assistance
    provided for in this or prior appropriations Acts), except that this
    proviso shall not apply to the mortgage insurance or guaranty
    operations of these corporations, or where loans or mortgage purchases
    are necessary to protect the financial interest of the United States
    Government.

                          Resolution Trust Corporation

                          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, $11,400,000.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501. Where appropriations in titles I, II, and III of this Act
    are expendable for travel expenses and no specific limitation has been
    placed thereon, the expenditures for such travel expenses may not
    exceed the amounts set forth therefor in the budget estimates submitted
    for the appropriations: Provided, That this section shall not apply to
    travel performed by uncompensated officials of local boards and appeal
    boards of the Selective Service System; to travel performed directly in
    connection with care and treatment of medical beneficiaries of the
    Department of Veterans Affairs; to travel performed in connection with
    major disasters or emergencies declared or determined by the President
    under the provisions of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act; to travel performed by the Offices of
    Inspector General in connection with audits and investigations; or to
    payments to interagency motor pools where separately set forth in the
    budget schedules: Provided further, That if appropriations in titles I,
    II, and III exceed the amounts set forth in budget estimates initially
    submitted for such appropriations, the expenditures for travel may
    correspondingly exceed the amounts therefor set forth in the estimates
    in the same proportion.
        Sec. 502. Appropriations and funds available for the administrative
    expenses of the Department of Housing and Urban Development and the
    Selective Service System shall be available in the current fiscal year
    for purchase of uniforms, or allowances therefor, as authorized by law
    (5 U.S.C. 5901-5902); hire of passenger motor vehicles; and services as
    authorized by 5 U.S.C. 3109.
        Sec. 503. Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a
    contract or fee basis, and for utilizing and making payment for
    services and facilities of Federal National Mortgage Association,
    Government National Mortgage Association, Federal Home Loan Mortgage
    Corporation, Federal Financing Bank, Resolution Trust Corporation,
    Federal Reserve banks or any member thereof, Federal Home Loan banks,
    and any insured bank within the meaning of the Federal Deposit
    Insurance Corporation Act, as amended (12 U.S.C. 1811-1831).
        Sec. 504. 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. 505. No funds appropriated by this Act may be expended--
                (1) pursuant to a certification of an officer or employee
            of the United States unless--
                        (A) such certification is accompanied by, or is
                    part of, a voucher or abstract which describes the
                    payee or payees and the items or services for which
                    such expenditure is being made, or
                        (B) the expenditure of funds pursuant to such
                    certification, and without such a voucher or abstract,
                    is specifically authorized by law; and
                (2) unless such expenditure is subject to audit by the
            General Accounting Office or is specifically exempt by law from
            such audit.
        Sec. 506. None of the funds provided in this Act to any department
    or agency may be expended for the transportation of any officer or
    employee of such department or agency between his domicile and his
    place of employment, with the exception of any officer or employee
    authorized such transportation under title 31, United States Code,
    section 1344.
        Sec. 507. None of the funds provided in this Act may be used for
    payment, through grants or contracts, to recipients that do not share
    in the cost of conducting research resulting from proposals not
    specifically solicited by the Government: Provided, That the extent of
    cost sharing by the recipient shall reflect the mutuality of interest
    of the grantee or contractor and the Government in the research.
        Sec. 508. None of the funds provided in this Act may be used,
    directly or through grants, to pay or to provide reimbursement for
    payment of the salary of a consultant (whether retained by the Federal
    Government or a grantee) at more than the daily equivalent of the rate
    paid for Level IV of the Executive Schedule, unless specifically
    authorized by law.
        Sec. 509. None of the funds in this Act shall be used to pay the
    expenses of, or otherwise compensate, non-Federal parties intervening
    in regulatory or adjudicatory proceedings. Nothing herein affects the
    authority of the Consumer Product Safety Commission pursuant to section
    7 of the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
        Sec. 510. Except as otherwise provided under existing law or under
    an existing Executive order issued pursuant to an existing law, the
    obligation or expenditure of any appropriation under this Act for
    contracts for any consulting service shall be limited to contracts
    which are (1) a matter of public record and available for public
    inspection, and (2) thereafter included in a publicly available list of
    all contracts entered into within twenty-four months prior to the date
    on which the list is made available to the public and of all contracts
    on which performance has not been completed by such date. The list
    required by the preceding sentence shall be updated quarterly and shall
    include a narrative description of the work to be performed under each
    such contract.
        Sec. 511. Except as otherwise provided by law, no part of any
    appropriation contained in this Act shall be obligated or expended by
    any executive agency, as referred to in the Office of Federal
    Procurement Policy Act (41 U.S.C. 401 et seq.) for a contract for
    services unless such executive agency (1) has awarded and entered into
    such contract in full compliance with such Act and the regulations
    promulgated thereunder, and (2) requires any report prepared pursuant
    to such contract, including plans, evaluations, studies, analyses and
    manuals, and any report prepared by the agency which is substantially
    derived from or substantially includes any report prepared pursuant to
    such contract, to contain information concerning (A) the contract
    pursuant to which the report was prepared, and (B) the contractor who
    prepared the report pursuant to such contract.
        Sec. 512. Except as otherwise provided in section 506, none of the
    funds provided in this Act to any department or agency shall be
    obligated or expended to provide a personal cook, chauffeur, or other
    personal servants to any officer or employee of such department or
    agency.
        Sec. 513. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to procure passenger
    automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
    per gallon average of less than 22 miles per gallon.
        Sec. 514. Such sums as may be necessary for fiscal year 1996 pay
    raises for programs funded by this Act shall be absorbed within the
    levels appropriated in this Act.
        Sec. 515. None of the funds appropriated in title I of this Act
    shall be used to enter into any new lease of real property if the
    estimated annual rental is more than $300,000 unless the Secretary
    submits, in writing, a report to the Committees on Appropriations of
    the Congress and a period of 30 days has expired following the date on
    which the report is received by the Committees on Appropriations.
        Sec. 516. (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. 517. None of the funds appropriated in this Act may be used to
    implement any cap on reimbursements to grantees for indirect costs,
    except as published in Office of Management and Budget Circular A-21.
        Sec. 518. None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
        Sec. 519. In fiscal year 1996, the Director of the Federal
    Emergency Management Agency shall sell the disaster housing inventory
    of mobile homes and trailers, and the proceeds thereof shall be
    deposited in the Treasury.
        Sec. 520. Such funds as may be necessary to carry out the orderly
    termination of the Office of Consumer Affairs shall be made available
    from funds appropriated to the Department of Health and Human Services
    for fiscal year 1996.
        This Act may be cited as the ``Departments of Veterans Affairs and
    Housing and Urban Development, and Independent Agencies Appropriations
    Act, 1996''.

      TITLE II--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR THE FISCAL YEAR
                           ENDING SEPTEMBER 30, 1996

                                   CHAPTER 1

                           DEPARTMENT OF AGRICULTURE

                     Natural Resources Conservation Service

                   watershed and flood prevention operations

        For an additional amount for ``Watershed and Flood Prevention
    Operations'' to repair damages to waterways and watersheds resulting
    from flooding in the Pacific Northwest, the Northeast blizzards and
    floods, and other natural disasters, $107,514,000, to remain available
    until expended: Provided, That if the Secretary determines that the
    cost of land and farm structures restoration exceeds the fair market
    value of an affected cropland, the Secretary may use sufficient amounts
    from funds provided under this heading to accept bids from willing
    sellers to provide conservation easements for such cropland inundated
    by floods as provided for by the Wetlands Reserve Program, authorized
    by subchapter C of chapter 1 of subtitle D of title XII of the Food
    Security Act of 1985 (16 U.S.C. 3837): Provided further, That the
    entire amount shall be available only to the extent that an official
    budget request for a specific dollar amount, that includes designation
    of the entire amount of the request as an emergency requirement as
    defined in the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended, is transmitted by the President to Congress: Provided
    further, That the entire amount is designated by Congress as an
    emergency requirement pursuant to section 251(b)(2)(D)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                        Consolidated Farm Service Agency

                         emergency conservation program

        For necessary expenses to carry into effect the program authorized
    in sections 401, 402, and 404 of title IV of the Agricultural Credit
    Act of 1978 (16 U.S.C. 2201-2205) for expenses resulting from floods in
    the Pacific Northwest and other natural disasters, $30,000,000, to
    remain available until expended, as authorized by 16 U.S.C. 2204:
    Provided, That the entire amount shall be available only to the extent
    that an official budget request for a specific dollar amount, that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to Congress: Provided further, That the entire amount is
    designated by Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                Rural Housing and Community Development Service

                  rural housing insurance fund program account

        For an additional amount for the ``Rural Housing Insurance Fund
    Program Account'' for the cost of direct loans to assist in the
    recovery from floods in the Pacific Northwest and other natural
    disasters, to remain available until expended, $5,000,000 for the cost
    of section 502 direct loans; and $1,500,000 for the cost of section 504
    housing repair loans: Provided, That the entire amount shall be
    available only to the extent that an official budget request for a
    specific dollar amount, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to Congress: Provided further, That the
    entire amount is designated by Congress as an emergency requirement
    pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended.

                     very low-income housing repair grants

        For an additional amount for ``Very Low-Income Housing Repair
    Grants'' to make housing repairs needed as a result of floods and other
    natural disasters, pursuant to Section 504 of the Housing Act of 1949,
    as amended, $1,100,000, to remain available until expended: Provided,
    That the entire amount shall be available only to the extent that an
    official budget request for a specific dollar amount, that includes
    designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the President to
    Congress: Provided further, That the entire amount is designated by
    Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                            Rural Utilities Service

                       rural utilities assistance program

        For an additional amount for the ``Rural Utilities Assistance
    Program'' for the cost of direct loans and grants to assist in the
    recovery from floods in the Pacific Northwest and other natural
    disasters, $11,000,000, to remain available until expended: Provided,
    That such funds may be available for emergency community water
    assistance grants as authorized by 7 U.S.C. 1926b: Provided further,
    That the entire amount shall be available only to the extent that an
    official budget request for a specific dollar amount, that includes
    designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the President to
    Congress: Provided further, That the entire amount is designated by
    Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                            Administrative Provision

        With the prior approval of the House and Senate Committees on
    Appropriations, funds appropriated to the Department of Agriculture
    under this chapter may be transferred by the Secretary of Agriculture
    between accounts of the Department of Agriculture included in this Act
    to satisfy emergency disaster funding requirements.

                                   CHAPTER 2

    DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
                                    AGENCIES

                             DEPARTMENT OF COMMERCE

                      Economic Development Administration

                    economic development assistance programs

        For an additional amount for emergency expenses resulting from
    flooding in the Pacific Northwest, and in the Devils Lake Basin in
    North Dakota $25,000,000, to remain available until expended for grants
    and related expenses pursuant to the Public Works and Economic
    Development Act of 1965, as amended; and in addition, $2,500,000 for
    administrative expenses to remain available until expended, which may
    be transferred to and merged with the appropriations for ``Salaries and
    expenses'': Provided, That the entire amount is hereby designated by
    Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended: Provided further, That the entire amount shall
    be available only to the extent an official budget request, for a
    specific dollar amount, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted to Congress.

                National Oceanic and Atmospheric Administration

                                  construction

        For an additional amount for ``Construction'' for emergency
    expenses resulting from flooding in the Pacific Northwest and other
    natural disasters, $10,000,000, to remain available until expended:
    Provided, That the entire amount is hereby designated by Congress as an
    emergency requirement pursuant to section 251(b)(2)(D)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                                 RELATED AGENCY

                         Small Business Administration

                         disaster loans program account

        For an additional amount for ``Disaster Loans Program Account'',
    $69,700,000 for the cost of direct loans, 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; and for administrative expenses to carry out the
    direct loan program, $30,300,000, to remain available until expended:
    Provided, That both amounts are hereby designated by Congress as
    emergency requirements pursuant to section 251(b)(2)(D)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                                   CHAPTER 3

                          ENERGY AND WATER DEVELOPMENT

                          DEPARTMENT OF DEFENSE--CIVIL

                             DEPARTMENT OF THE ARMY

                           Corps of Engineers--Civil

                       operation and maintenance, general

        For an additional amount for ``Operation and Maintenance,
    General'', $30,000,000, to remain available until expended: Provided,
    That the entire amount shall be available only to the extent that an
    official budget request for a specific dollar amount, that includes
    designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the President to
    Congress: Provided further, That the entire amount is designated by
    Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                     flood control and coastal emergencies

        For an additional amount for ``Flood Control and Coastal
    Emergencies'', $135,000,000, to remain available until expended:
    Provided, That the entire amount shall be available only to the extent
    that an official budget request for a specific dollar amount, that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to Congress: Provided further, That the entire amount is
    designated by Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                           DEPARTMENT OF THE INTERIOR

                             Bureau of Reclamation

                              construction program

        For an additional amount for the ``Construction Program'',
    $18,000,000, to remain available until expended: Provided, That the
    entire amount shall be available only to the extent that an official
    budget request for a specific dollar amount, that includes designation
    of the entire amount of the request as an emergency requirement as
    defined in the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended, is transmitted by the President to Congress: Provided
    further, That the entire amount is designated by Congress as an
    emergency requirement pursuant to section 251(b)(2)(D)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                                   CHAPTER 4

                DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES

                           DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                            construction and access

        For an additional amount for ``Construction and Access'',
    $5,000,000, to remain available until expended, to repair roads,
    culverts, bridges, facilities, fish and wildlife protective structures,
    and recreation sites, damaged due to the Pacific Northwest flooding:
    Provided, That the entire amount shall be available only to the extent
    that an official budget request for a specific dollar amount, that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to Congress: Provided further, That the entire amount is
    designated by Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                       oregon and california grant lands

        For an additional amount for ``Oregon and California Grant Lands'',
    $35,000,000, to remain available until expended, to repair roads,
    culverts, bridges, facilities, fish and wildlife protective structures,
    and recreation sites, damaged due to the Pacific Northwest flooding:
    Provided, That the entire amount shall be available only to the extent
    that an official budget request for a specific dollar amount, that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to Congress: Provided further, That the entire amount is
    designated by Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                    United States Fish and Wildlife Service

                              resource management

        For an additional amount for Resource Management, $1,600,000, to
    remain available until expended, to provide technical assistance to the
    Natural Resource Conservation Service, the Federal Emergency Management
    Agency, the United States Army Corps of Engineers and other agencies on
    fish and wildlife habitat issues related to damage caused by floods,
    storms and other acts of nature: Provided, That the entire amount shall
    be available only to the extent that an official budget request for a
    specific dollar amount, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to Congress: Provided further, That the
    entire amount is designated by Congress as an emergency requirement
    pursuant to section 251(b)(D)(i) of the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended.

                                  construction

        For an additional amount for ``Construction'', $37,300,000, to
    remain available until expended, to repair damage caused by hurricanes,
    floods and other acts of nature, and to protect natural resources in
    the Devils Lake Basin in North Dakota: Provided, That the entire amount
    shall be available only to the extent that an official budget request
    for a specific dollar amount, that includes designation of the entire
    amount of the request as an emergency requirement as defined in the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended,
    is transmitted by the President to Congress: Provided further, That the
    entire amount is designated by Congress as an emergency requirement
    pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended.

                             National Park Service

                                  construction

        For an additional amount for ``Construction'', $47,000,000, to
    remain available until expended, to repair damage caused by hurricanes,
    floods and other acts of nature: Provided, That the entire amount shall
    be available only to the extent that an official budget request for a
    specific dollar amount, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to Congress: Provided further, That the
    entire amount is designated by Congress as an emergency requirement
    pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended.

                        United States Geological Survey

                     surveys, investigations, and research

        For an additional amount for ``Surveys, investigations, and
    research'', $2,000,000, to remain available until September 30, 1997,
    for the costs related to hurricanes, floods and other acts of nature:
    Provided, That the entire amount shall be available only to the extent
    that an official budget request for a specific dollar amount, that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to Congress: Provided further, That the entire amount is
    designated by Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                            Bureau of Indian Affairs

                          operation of indian programs

        For an additional amount for ``Operation of Indian Programs'',
    $500,000, to remain available until September 30, 1998, for emergency
    operations and repairs related to winter floods: Provided, That the
    entire amount shall be available only to the extent that an official
    budget request for a specific dollar amount, that includes designation
    of the entire amount of the request as an emergency requirement as
    defined in the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended, is transmitted by the President to Congress: Provided
    further, That the entire amount is designated by Congress as an
    emergency requirement pursuant to section 251(b)(2)(D)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                                  construction

        For an additional amount for ``Construction'', $16,500,000, to
    remain available until expended, for emergency repairs related to
    winter floods: Provided, That the entire amount shall be available only
    to the extent that an official budget request for a specific dollar
    amount, that includes designation of the entire amount of the request
    as an emergency requirement as defined in the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended, is transmitted by
    the President to Congress: Provided further, That the entire amount is
    designated by Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                     Territorial and International Affairs

                           assistance to territories

        For an additional amount for ``Assistance to Territories'',
    $13,000,000, to remain available until expended, for recovery efforts
    from Hurricane Marilyn: Provided, That the entire amount shall be
    available only to the extent that an official budget request for a
    specific dollar amount, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to Congress: Provided further, That the
    entire amount is designated by Congress as an emergency requirement
    pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended.

                           DEPARTMENT OF AGRICULTURE

                             national forest system

        For an additional amount for ``National Forest System'',
    $26,600,000, to remain available until expended, to repair damage
    caused by hurricanes, floods and other acts of nature, including
    $300,000 for the costs associated with response and rehabilitation,
    including access repairs, at the Amalgamated Mill site in the
    Willamette National Forest containing sulphur-rich and other mining
    tailings in order to prevent contamination of Battle Ax Creek, and the
    Little North Fork of the Santiam River, from which the City of Salem,
    Oregon, obtains its municipal water supply: Provided, That the entire
    amount shall be available only to the extent that an official budget
    request for a specific dollar amount, that includes designation of the
    entire amount of the request as an emergency requirement as defined in
    the Balanced Budget and Emergency Deficit Control Act of 1985, as
    amended, is transmitted by the President to Congress: Provided further,
    That the entire amount is designated by Congress as an emergency
    requirement pursuant to section 251(b)(2)(D)(i) of the Balanced Budget
    and Emergency Deficit Control Act of 1985, as amended.

                                  construction

        For an additional amount for ``Construction'', $60,800,000, to
    remain available until expended: Provided, That the entire amount shall
    be available only to the extent that an official budget request for a
    specific dollar amount, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to Congress: Provided further, That the
    entire amount is designated by Congress as an emergency requirement
    pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended.

                                   CHAPTER 5

                          DEPARTMENT OF TRANSPORTATION

                            Office of the Secretary

                            payments to air carriers

        The first proviso under the head ``Payments to Air Carriers'' in
    Title I of the Department of Transportation and Related Agencies
    Appropriations Act, 1996 (Public Law 104-50), is amended to read as
    follows: ``Provided, That none of the funds in this Act shall be
    available for the implementation or execution of programs in excess of
    $22,600,000 from the Airport and Airway Trust Fund for the Payments to
    Air Carriers program in fiscal year 1996:''.

                         Federal Highway Administration

                              federal-aid highways

                              (highway trust fund)

        For the Emergency Fund authorized by 23 U.S.C. 125 to cover
    expenses arising from the January 1996 flooding in the Mid-Atlantic,
    Northeast, and Northwest States and other disasters, $300,000,000, to
    be derived from the Highway Trust Fund and to remain available until
    expended: Provided, That the entire amount shall be available only to
    the extent that an official budget request for a specific dollar
    amount, that includes designation of the entire amount of the request
    as an emergency requirement as defined in the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended, is transmitted by
    the President to Congress: Provided further, That such amount is
    designated by Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended: Provided further, That the provisions of 23
    U.S.C. 125(b)(1) shall not apply to projects relating to the January
    1996 flooding in the Mid-Atlantic, Northeast, and Northwest States.

                        Federal Railroad Administration

                         local rail freight assistance

        For expenses pursuant to subtitle 5 of the Department of
    Transportation Act (49 U.S.C.), to repair and rebuild rail lines of
    other than class I railroads as defined by the Surface Transportation
    Board or railroads owned or controlled by a class I railroad, having
    carried 5 million gross ton miles or less per mile during the prior
    year, and damaged as a result of the floods of 1996, $10,000,000:
    Provided, That for the purposes of administering this emergency relief,
    the Secretary of Transportation shall have authority to make funds
    available notwithstanding section 22101, (a)(1) and (3) and (d),
    sections 22102 to 22104, section 22105(a) and section 22108, (a) and
    (b) of 49 U.S.C. as the Secretary deems appropriate and shall consider
    the extent to which the State has available unexpended local rail
    freight assistance funds or available repaid loan funds: Provided
    further, That, notwithstanding 49 U.S.C. chapter 221, the Secretary may
    prescribe the form and time for applications for assistance made
    available herein: Provided further, That the entire amount shall be
    available only to the extent that an official budget request for a
    specific dollar amount, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted by the President to Congress: Provided further, That the
    entire amount is designated by Congress as an emergency requirement
    pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended: Provided further,
    That all funds made available under this head are to remain available
    until September 30, 1997.

                         Federal Transit Administration

                           mass transit capital fund

                    (liquidation of contract authorization)

                              (highway trust fund)

        For an additional amount for payment of obligations incurred in
    carrying out 49 U.S.C. 5338(b) administered by the Federal Transit
    Administration, $375,000,000, to be derived from the Highway Trust Fund
    and to remain available until expended.

                                   CHAPTER 6

     DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT AND
                              INDEPENDENT AGENCIES

                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Community Planning and Development

                          community development grants

        For an additional amount for ``Community development grants'',
    $100,000,000, to remain available until September 30, 1998, for
    emergency expenses and repairs related to recent Presidentially
    declared disaster areas, including up to $10,000,000 which may be made
    for rental subsidy contracts under the section 8 existing housing
    certificate program and the housing voucher program under section 8 of
    the United States Housing Act of 1937, as amended, except that such
    amount shall be available only for temporary housing assistance, not in
    excess of one year in duration, and shall not be subject to renewal:
    Provided, That the entire amount shall be available only to the extent
    that an official budget request for a specific dollar amount, that
    includes designation of the entire amount of the request as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to Congress: Provided further, That the entire amount is
    designated by Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended.

                      Federal Emergency Management Agency

                                disaster relief

                         (including transfer of funds)

        For an additional amount for ``Disaster Relief'', $150,000,000, to
    remain available until expended, which, in whole or in part, may be
    transferred to the Disaster Assistance Direct Loan Program Account for
    the cost of direct loans as authorized under section 417 of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5121 et seq.): Provided, That such transfer may be made to subsidize
    gross obligations for the principal amount of direct loans not to
    exceed $170,000,000 under section 417 of the Stafford Act: Provided
    further, That any such transfer of funds shall be made only upon
    certification by the Director of the Federal Emergency Management
    Agency that all requirements of section 417 of the Stafford Act will be
    complied with: Provided further, That the entire amount of this
    appropriation shall be available only to the extent that an official
    budget request for a specific dollar amount, that includes designation
    of the entire amount of the request as an emergency requirement as
    defined in the Balanced Budget and Emergency Deficit Control Act of
    1985, as amended, is transmitted by the President to Congress: Provided
    further, That the entire amount is designated by Congress as an
    emergency requirement pursuant to section 251(b)(2)(D)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                                   CHAPTER 7

           FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED AGENCIES

                      FUNDS APPROPRIATED TO THE PRESIDENT

                              Unanticipated Needs

                        unanticipated needs for defense

                          of israel against terrorism

        For emergency expenses necessary to meet unanticipated needs for
    the acquisition and provision of goods, services, and/or grants for
    Israel necessary to support the eradication of terrorism in and around
    Israel, $50,000,000: Provided, That none of the funds appropriated in
    this paragraph shall be available for obligation except through the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That the entire amount is designated by Congress as
    an emergency requirement pursuant to section 251(b)(2)(D)(i) of the
    Balanced Budget and Emergency Deficit Control Act of 1985, as amended.

                      Agency for International Development

              assistance for eastern europe and the baltic states

        For an additional amount for ``Assistance for Eastern Europe and
    the Baltic States'' for Bosnia and Herzegovina, including demining
    assistance, $200,000,000, of which amount $5,000,000 shall be used for
    the administrative expenses of the U.S. Agency for International
    Development: Provided, That not to exceed $5,000,000 of such funds and
    any other funds appropriated under the same heading for fiscal year
    1996 is available for the cost of modifying direct loans and loan
    guarantees, as defined in section 502 of the Congressional Budget Act
    of 1974: Provided further, That contracts to carry out programs using
    such funds shall, to the maximum extent practicable, be entered into
    with companies organized under the laws of a State of the United States
    and organizations (including community chests, funds, foundations, non-
    incorporated businesses, and other institutions) organized in the
    United States: Provided further, That none of the funds appropriated or
    otherwise made available under this heading shall be obligated except
    through the regular notification procedures of the Committees on
    Appropriations: Provided further, That the entire amount appropriated
    is designated by Congress as an emergency requirement pursuant to
    section 251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended: Provided further, That funds
    appropriated by this Act for economic reconstruction may only be made
    available for projects, activities, or programs within the sector
    assigned to American forces of the NATO Military Implementation Force
    (IFOR) and Sarajevo: Provided further, That priority consideration
    shall be given to projects and activities designated in the IFOR ``Task
    Force Eagle civil military project list'': Provided further, That no
    funds made available under this Act, or any other Act, may be obligated
    for the purposes of rebuilding or repairing housing in areas where
    refugees or displaced persons are refused the right of return by
    Federation or local authorities due to ethnicity or political party
    affiliation: Provided further, That no funds may be made available
    under this heading in this Act, or any other Act, to any banking or
    financial institution in Bosnia and Herzegovina unless such
    institutions agree in advance, and in writing, to allow the United
    States General Accounting Office access for the purposes of audit of
    the use of United States assistance: Provided further, That effective
    ninety days after the date of enactment of this Act, none of the funds
    appropriated under this heading may be made available for the purposes
    of economic reconstruction in Bosnia and Herzegovina unless the
    President determines and certifies in writing to the Committee on
    Appropriations that the aggregate bilateral contributions pledged by
    non-United States donors for economic reconstruction are at least
    equivalent to the United States bilateral contributions made under this
    Act and in the fiscal year 1995 and fiscal year 1996 Foreign
    Operations, Export Financing and Related Programs Appropriations bills.
        Except for funds made available for demining activities, no funds
    may be provided under this heading in this Act until the President
    certifies to the Committees on Appropriations that:
                (1) The Federation of Bosnia and Herzegovina is in
            compliance with Article III, Annex 1A of the Dayton Agreement;
            and
                (2) Intelligence cooperation on training, investigations,
            or related activities between Iranian officials and Bosnian
            officials has been terminated.

                              MILITARY ASSISTANCE

                       Foreign Military Financing Program

        For an additional amount for ``Foreign Military Financing Program''
    for grants for Jordan pursuant to section 23 of the Arms Export Control
    Act, $70,000,000: Provided, That such funds may be used for Jordan to
    finance transfers by lease of defense articles under chapter 6 of such
    Act.

                                   CHAPTER 8

                             DEPARTMENT OF DEFENSE

                               MILITARY PERSONNEL

                            Military Personnel, Army

        For an additional amount for ``Military Personnel, Army'',
    $244,400,000.

                            Military Personnel, Navy

        For an additional amount for ``Military Personnel, Navy'',
    $11,700,000.

                        Military Personnel, Marine Corps

        For an additional amount for ``Military Personnel, Marine Corps'',
    $2,600,000.

                         Military Personnel, Air Force

        For an additional amount for ``Military Personnel, Air Force'',
    $27,300,000.

                           OPERATION AND MAINTENANCE

                        Operation and Maintenance, Army

        For an additional amount for ``Operation and Maintenance, Army'',
    $195,000,000.

                    Operation and Maintenance, Marine Corps

        For an additional amount for ``Operation and Maintenance, Marine
    Corps'', $900,000.

                      Operation and Maintenance, Air Force

        For an additional amount for ``Operation and Maintenance, Air
    Force'', $190,000,000.

                    Operation and Maintenance, Defense-Wide

        For an additional amount for ``Operation and Maintenance, Defense-
    Wide'', $79,800,000.

                                  PROCUREMENT

                          Other Procurement, Air Force

        For an additional amount for ``Other Procurement, Air Force'',
    $26,000,000.

                               GENERAL PROVISION

                              (transfer of funds)

        Sec. 801. Section 8005 of the Department of Defense Appropriations
    Act, 1996 (Public Law 104-61), is amended by striking out
    ``$2,400,000,000'' and inserting in lieu thereof ``$2,700,000,000''.
        Sec. 802. Notwithstanding any other provision of law, funds
    appropriated in the Department of Defense Appropriations Act, 1996
    (Public Law 104-61) under the heading ``Aircraft Procurement, Air
    Force'' may be obligated for advance procurement and procurement of F-
    15E aircraft.
        Sec. 803. Funds appropriated under the heading, ``Aircraft
    Procurement, Air Force,'' in Public Laws 104-61, 103-335, and 103-139
    that are or remain available for C-17 airframes, C-17 aircraft engines,
    and complementary widebody aircraft/NDAA may be used for multiyear
    procurement contracts for C-17 aircraft: Provided, That the duration of
    multiyear contracts awarded under the authority of this section may be
    for a period not to exceed seven program years, notwithstanding section
    2306b(1) of title 10, United States Code: Provided further, That the
    authority under this section may not be used to enter into a multiyear
    procurement contract until the earlier of (1) May 24, 1996, or (2) the
    day after the date of the enactment of an Act that contains a provision
    authorizing the Department of Defense to enter into a multiyear
    contract for the C-17 aircraft program.
        Sec. 804. (a) In addition to the amounts made available in Public
    Law 104-61 under the heading ``Research, Development, Test and
    Evaluation, Defense-Wide'', $50,000,000 is hereby made available to
    continue the activities of the semiconductor manufacturing consortium
    known as Sematech.
        (b) Of the funds made available in Public Law 104-61 under the
    heading ``Research, Development, Test and Evaluation, Army'',
    $7,000,000 are rescinded.
        (c) Of the funds made available in Public Law 104-61 under the
    heading ``Research, Development, Test and Evaluation, Navy'',
    $12,500,000 are rescinded.
        (d) Of the funds made available in Public Law 104-61 under the
    heading ``Research, Development, Test and Evaluation, Air Force'',
    $16,000,000 are rescinded.
        (e) Of the funds made available in Public Law 104-61 under the
    heading ``Research, Development, Test and Evaluation, Defense-Wide'',
    $14,500,000 are rescinded.
        (f) Of the funds rescinded under subsection (e) of this provision,
    none of the reduction shall be applied to the Ballistic Missile Defense
    Organization.
        Sec. 805. Of the funds appropriated in title II of Public Law 104-
    61, under the heading ``Overseas Humanitarian, Disaster, and Civic
    Aid'', for training and activities related to the clearing of landmines
    for humanitarian purposes, up to $15,000,000 may be transferred to
    ``Operations and Maintenance, Defense Wide'', to be available for the
    payment of travel, transportation and subsistence expenses of
    Department of Defense personnel incurred in carrying out humanitarian
    assistance activities related to the detection and clearance of
    landmines.
        Sec. 806. Notwithstanding any other provision of law, $15,000,000
    made available for ``Operations and Maintenance, Army'' in P.L. 104-61
    shall be obligated for the remediation of environmental contamination
    at the National Presto Industries, Inc. site in Eau Claire, Wisconsin.
    These funds shall be obligated only for the implementation and
    execution of the 1988 agreement between the Department of the Army and
    National Presto Industries, Inc.
        Sec. 807. (a) Subsection (b) of section 802 of the David L. Boren
    National Security Education Act of 1991 (50 U.S.C. 1902) is amended by
    adding after paragraph (3), flush to the subsection margin, the
    following:
    ``Notwithstanding any other provision of law, including the matter
    under the heading `National Security Education Trust Fund' in title VII
    of Public Law 104-61, the work of an individual accepting a scholarship
    or fellowship under the program shall be the work specified in
    paragraph (2), or such other work as the individual and the Secretary
    agree upon under an agreement having modified service requirements
    pursuant to subsection (f).''.
        (b) Such section is further amended by adding at the end the
    following:
        ``(f) Authority To Modify Service Agreement Requirements.--The
    Secretary shall have sole authority to modify, amend, or revise the
    requirements under subsection (b) that apply to service agreements.''.
        (c) Subsection (a) of such section is amended by adding at the end
    the following:
                ``(5) Employment opportunity outreach.--The Secretary shall
            take appropriate actions to make available to recipients of
            scholarships or fellowships under the program information on
            employment opportunities in the departments and agencies of the
            Federal Government having responsibility for national security
            matters.''.
        Sec. 808. (a)(1) Section 1177 of title 10, United States Code,
    relating to mandatory discharge or retirement of members of the Armed
    Forces infected with HIV-1 virus, is repealed.
        (2) The table of sections at the beginning of chapter 59 of such
    title is amended by striking out the item relating to section 1177.
        (b) Subsection (b) of section 567 of the National Defense
    Authorization Act for Fiscal Year 1996 is repealed.

                              (transfer of funds)

        Sec. 809. Of the funds appropriated or otherwise made available in
    title IV of the Department of Defense Appropriations Act, 1996 (Public
    Law 104-61) under the paragraph ``Research, Development, Test, and
    Evaluation, Air Force'', $44,900,000 are transferred to and merged with
    funds appropriated or otherwise made available under title II of that
    Act under the paragraph ``Operation and Maintenance, Air Force'' and
    shall be available for obligation and expenditure for the operation and
    maintenance of 94 B-52H bomber aircraft in active status or in
    attrition reserve.
        Sec. 810. Of the funds made available in Public Law 104-61 under
    the heading ``Research, Development, Test and Evaluation, Defense-
    Wide'', $500,000 of the funds provided for the Advanced Research
    Projects Agency may be available to purchase photographic technology to
    support research in detonation physics: Provided, That the Director of
    Defense Research and Engineering shall provide the congressional
    defense committees on appropriations with a plan for the acquisition
    and use of this instrument no later than April 29, 1996.
        Sec. 811. Of the funds made available in Public Law 104-61 under
    the heading ``Research, Development, Test and Evaluation, Defense-
    Wide'', up to $2,000,000 of the funds provided for the Joint DoD-DoE
    Munitions Technology Development program element shall be used to
    develop and test an open-architecture machine tool controller.

                                   CHAPTER 9

                             DEPARTMENT OF DEFENSE

                             MILITARY CONSTRUCTION

         North Atlantic Treaty Organization Security Investment Program

        For an additional amount for ``North Atlantic Treaty Organization
    Security Investment Program'', $37,500,000, to remain available until
    expended: Provided, That the Secretary of Defense may make additional
    contributions for the North Atlantic Treaty Organization as provided in
    section 2806 of title 10, United States Code: Provided further, That
    the entire amount is designated by Congress as an emergency requirement
    pursuant to section 251(b)(2)(D)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended.

                               GENERAL PROVISIONS

    SEC. 901. LAND CONVEYANCE, ARMY RESERVE CENTER, GREENSBORO, ALABAMA.

        (a) Conveyance Authorized.--The Secretary of the Army may convey,
    without consideration, to Hale County, Alabama, all right, title, and
    interest of the United States in and to a parcel of real property
    consisting of approximately 5.17 acres and located at the Army Reserve
    Center, Greensboro, Alabama, that was conveyed by Hale County, Alabama,
    to the United States by warranty deed dated September 12, 1988.
        (b) Description of Property.--The exact acreage and legal
    description of the property conveyed under subsection (a) shall be as
    described in the deed referred to in that subsection.
        (c) Additional Terms and Conditions.--The Secretary may require
    such additional terms and conditions in connection with the conveyance
    under this section as the Secretary considers appropriate to protect
    the interests of the United States.

                                   CHAPTER 10

                      RESCINDING CERTAIN BUDGET AUTHORITY

           FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS

                        Export and Investment Assistance

                    Export-Import Bank of the United States

                             subsidy appropriation

                                  (rescission)

        Of the funds made available under this heading in Public Law 104-
    107, $25,000,000 are rescinded.

                        DEPARTMENT OF DEFENSE--MILITARY

                                  PROCUREMENT

                         Missile Procurement, Air Force

                                  (rescission)

        Of the funds made available under this heading in Public Law 103-
    335, $310,000,000 are rescinded.

                          Other Procurement, Air Force

                                  (rescission)

        Of the funds made available under this heading in Public Law 103-
    335, $265,000,000 are rescinded.

                   RESEARCH, DEVELOPMENT, TEST AND EVALUATION

             Research, Development, Test and Evaluation, Air Force

                                  (rescission)

        Of the funds made available under this heading in Public Law 103-
    335, $245,000,000 are rescinded.

                                   CHAPTER 11

                          TREASURY, POSTAL SERVICE AND

                               GENERAL GOVERNMENT

                     EXECUTIVE OFFICE OF THE PRESIDENT AND

                      FUNDS APPROPRIATED TO THE PRESIDENT

                     Office of National Drug Control Policy

                             salaries and expenses

                         (including transfer of funds)

        For an additional amount for ``Salaries and Expenses,'' $3,900,000.

                              INDEPENDENT AGENCIES

                        GENERAL SERVICES ADMINISTRATION

                             Federal Buildings Fund

                     limitations on availability of revenue

                                  (rescission)

        Of the funds made available for installment acquisition payments
    under this heading in Public Law 104-52, $3,500,000 are rescinded:
    Provided, That of the funds made available for advance design under
    this heading in Public Law 104-52, $200,000 are rescinded: Provided
    further, That the aggregate amount made available to the Fund shall be
    $5,062,449,000.

                            UNITED STATES TAX COURT

                             Salaries and Expenses

                                  (rescission)

        Of the funds made available under this heading in public law 104-
    52, $200,000 are rescinded.

                                   CHAPTER 12

                               GENERAL PROVISIONS

        Sec. 1201. In administering funds provided herein for domestic
    assistance, the Secretary of any involved department may waive or
    specify alternative requirements for any provision of any statute or
    regulation that the Secretary administers in connection with the
    obligation by the Secretary or any use of the recipient of these funds,
    except for the requirement related to civil rights, fair housing and
    nondiscrimination, the environment, and labor standards, upon finding
    that such waiver is required to facilitate the obligation and use of
    such funds would not be inconsistent with the overall purpose of the
    statute or regulation.
        Sec. 1202. No part of any appropriation contained in this title
    shall remain available for obligation beyond the current fiscal year
    unless expressly so provided herein.

    SEC. 1203. ALLOCATION OF FUNDS.

        Notwithstanding any other provision of this title, funds made
    available under this title for emergency or disaster assistance
    programs of the Department of Agriculture, Department of Housing and
    Urban Development, Economic Development Administration, National Park
    Service, Small Business Administration, and United States Fish and
    Wildlife Service shall be allocated in accordance with the established
    prioritization process of the respective Department, Administration, or
    Service.

                             DEPARTMENT OF JUSTICE

                        Federal Bureau of Investigation

                             salaries and expenses

        For an additional amount for emergency expenses necessary to
    enhance the Federal Bureau of Investigation's efforts in the United
    States to combat Middle Eastern terrorism, $7,000,000, to remain
    available until expended: Provided, That such activities shall include
    efforts to enforce Executive Order 12947 (``Prohibiting Transactions
    with Terrorists Who Threaten to Disrupt the Middle East Peace
    Process'') to prevent fundraising in the United States on the behalf of
    organizations that support terror to undermine the peace process:
    Provided further, That the entire amount is hereby designated by
    Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended: Provided further, That the entire amount shall
    be available only to the extent an official budget request, for a
    specific dollar amount, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted to Congress.

                           DEPARTMENT OF THE TREASURY

                              Departmental Offices

                             salaries and expenses

        For an additional amount for emergency expenses necessary to
    enhance the Office of Foreign Assets Control's efforts in the United
    States to combat Middle Eastern terrorism, $3,000,000, to remain
    available until expended: Provided, That such activities shall include
    efforts to enforce Executive Order 12947 (``Prohibiting Transactions
    with Terrorists Who Threaten to Disrupt the Middle East Peace
    Process'') to prevent fundraising in the United States on the behalf of
    organizations that support terror to undermine the peace process:
    Provided further, That the entire amount is hereby designated by
    Congress as an emergency requirement pursuant to section
    251(b)(2)(D)(i) of the Balanced Budget and Emergency Deficit Control
    Act of 1985, as amended: Provided further, That the entire amount,
    shall be available only to the extent an official budget request, for a
    specific dollar amount, that includes designation of the entire amount
    of the request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended, is
    transmitted to Congress.
        This title may be cited as the ``Emergency Supplemental
    Appropriations Act of 1996''.

                      TITLE III--MISCELLANEOUS PROVISIONS

        Sec. 3001. The President may make available funds for population
    planning activities or other population assistance pursuant to programs
    under title II and title IV of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1996, Public Law
    104-107, notwithstanding the provisions of section 518A of such Act, if
    he determines and reports to the Congress that the effects of those
    restrictions would be that the demand for family planning services
    would be less likely to be met and that there would be a significant
    increase in abortions than would otherwise be the case in the absence
    of such restrictions.
        Sec. 3002. Section 308(d) of the Interjurisdictional Fisheries Act
    of 1986 (16 U.S.C. 4107(d)) is amended--
                (1) in the heading, by striking ``Grants'' and inserting
            ``Assistance'';
                (2) in paragraph (1), by striking ``award grants to persons
            engaged in commercial fisheries, for uninsured losses
            determined by the Secretary to have been suffered'' and
            inserting ``assist persons engaged in commercial fisheries by
            providing direct assistance to those persons or by providing
            indirect assistance to those persons through assistance to
            agencies of States and political subdivisions thereof and to
            nonprofit organizations, for projects or other measures
            designed to alleviate harm that the Secretary determines was
            incurred'';
                (3) in paragraph (3), by striking ``a grant'' and inserting
            ``direct assistance to a person'';
                (4) by striking ``gross revenues annually,'' in paragraph
            (3) and inserting ``net annual revenue from commercial
            fisheries,'';
                (5) by striking paragraph (4) and inserting the following:
                ``(4) Assistance may not be provided under this subsection
            as part of a fishing capacity reduction program in a fishery
            unless the Secretary determines that--
                        ``(A) adequate conservation and management measures
                    are in place in that fishery; and
                        ``(B) adequate measures are in place to prevent the
                    replacement of fishing capacity eliminated by the
                    program in that fishery.''; and
                (6) in paragraph (5), by striking ``for awarding grants''
            and all that follows through the end of the paragraph and
            inserting ``for providing assistance under this subsection.''.

    SEC. 3003. BONNEVILLE POWER ADMINISTRATION REFINANCING.

        (a) Definitions.--
                For the purposes of this section--
                        (1) ``Administrator'' means the Administrator of
                    the Bonneville Power Administration;
                        (2) ``capital investment'' means a capitalized cost
                    funded by Federal appropriations that--
                                (A) is for a project, facility, or
                            separable unit or feature of a project or
                            facility;
                                (B) is a cost for which the Administrator
                            is required by law to establish rates to repay
                            to the United States Treasury through the sale
                            of electric power, transmission, or other
                            services;
                                (C) excludes a Federal irrigation
                            investment; and
                                (D) excludes an investment financed by the
                            current revenues of the Administrator or by
                            bonds issued and sold, or authorized to be
                            issued and sold, by the Administrator under
                            section 13 of the Federal Columbia River
                            Transmission System Act (16 U.S.C. 838k);
                        (3) ``new capital investment'' means a capital
                    investment for a project, facility, or separable unit
                    or feature of a project or facility, placed in service
                    after September 30, 1996;
                        (4) ``old capital investment'' means a capital
                    investment the capitalized cost of which--
                                (A) was incurred, but not repaid, before
                            October 1, 1996, and
                                (B) was for a project, facility, or
                            separable unit or feature of a project or
                            facility, placed in service before October 1,
                            1996;
                        (5) ``repayment date'' means the end of the period
                    within which the Administrator's rates are to assure
                    the repayment of the principal amount of a capital
                    investment; and
                        (6) ``Treasury rate'' means--
                                (A) for an old capital investment, a rate
                            determined by the Secretary of the Treasury,
                            taking into consideration prevailing market
                            yields, during the month preceding October 1,
                            1996, on outstanding interest-bearing
                            obligations of the United States with periods
                            to maturity comparable to the period between
                            October 1, 1996, and the repayment date for the
                            old capital investment; and
                                (B) for a new capital investment, a rate
                            determined by the Secretary of the Treasury,
                            taking into consideration prevailing market
                            yields, during the month preceding the
                            beginning of the fiscal year in which the
                            related project, facility, or separable unit or
                            feature is placed in service, on outstanding
                            interest-bearing obligations of the United
                            States with periods to maturity comparable to
                            the period between the beginning of the fiscal
                            year and the repayment date for the new capital
                            investment.
        (b) New Principal Amounts.--
                (1) Principal amount.--Effective October 1, 1996, an old
            capital investment has a new principal amount that is the sum
            of--
                        (A) the present value of the old payment amounts
                    for the old capital investment, calculated using a
                    discount rate equal to the Treasury rate for the old
                    capital investment; and
                        (B) an amount equal to $100,000,000 multiplied by a
                    fraction whose numerator is the principal amount of the
                    old payment amounts for the old capital investment and
                    whose denominator is the sum of the principal amounts
                    of the old payment amounts for all old capital
                    investments.
                (2) Determination.--With the approval of the Secretary of
            the Treasury based solely on consistency with this section, the
            Administrator shall determine the new principal amounts under
            subsection (b) and the assignment of interest rates to the new
            principal amounts under subsection (c).
                (3) Old payment amounts.--For the purposes of this
            subsection, ``old payment amounts'' means, for an old capital
            investment, the annual interest and principal that the
            Administrator would have paid to the United States Treasury
            from October 1, 1996, if this section had not been enacted,
            assuming that--
                        (A) the principal were repaid--
                                (i) on the repayment date the Administrator
                            assigned before October 1, 1994, to the old
                            capital investment, or
                                (ii) with respect to an old capital
                            investment for which the Administrator has not
                            assigned a repayment date before October 1,
                            1994, on a repayment date the Administrator
                            shall assign to the old capital investment in
                            accordance with paragraph 10(d)(1) of the
                            version of Department of Energy Order RA 6120.2
                            in effect on October 1, 1994; and
                        (B) interest were paid--
                                (i) at the interest rate the Administrator
                            assigned before October 1, 1994, to the old
                            capital investment, or
                                (ii) with respect to an old capital
                            investment for which the Administrator has not
                            assigned an interest rate before October 1,
                            1994, at a rate determined by the Secretary of
                            the Treasury, taking into consideration
                            prevailing market yields, during the month
                            preceding the beginning of the fiscal year in
                            which the related project, facility, or
                            separable unit or feature is placed in service,
                            on outstanding interest-bearing obligations of
                            the United States with periods to maturity
                            comparable to the period between the beginning
                            of the fiscal year and the repayment date for
                            the old capital investment.
        (c) Interest Rate for New Principal Amounts.--
                As of October 1, 1996, the unpaid balance on the new
            principal amount established for an old capital investment
            under subsection (b) bears interest annually at the Treasury
            rate for the old capital investment until the earlier of the
            date that the new principal amount is repaid or the repayment
            date for the new principal amount.
        (d) Repayment Dates.--
                As of October 1, 1996, the repayment date for the new
            principal amount established for an old capital investment
            under subsection (b) is no earlier than the repayment date for
            the old capital investment assumed in subsection (b)(3)(A).
        (e) Prepayment Limitations.--
                During the period October 1, 1996, through September 30,
            2001, the total new principal amounts of old capital
            investments, as established under subsection (b), that the
            Administrator may pay before their respective repayment dates
            shall not exceed $100,000,000.
        (f) Interest Rates for New Capital Investments During
    Construction.--
                (1) New capital investment.--The principal amount of a new
            capital investment includes interest in each fiscal year of
            construction of the related project, facility, or separable
            unit or feature at a rate equal to the one-year rate for the
            fiscal year on the sum of--
                        (A) construction expenditures that were made from
                    the date construction commenced through the end of the
                    fiscal year, and
                        (B) accrued interest during construction.
                (2) Payment.--The Administrator is not required to pay,
            during construction of the project, facility, or separable unit
            or feature, the interest calculated, accrued, and capitalized
            under subsection (f)(1).
                (3) One-year rate.--For the purposes of this section,
            ``one-year rate'' for a fiscal year means a rate determined by
            the Secretary of the Treasury, taking into consideration
            prevailing market yields, during the month preceding the
            beginning of the fiscal year, on outstanding interest-bearing
            obligations of the United States with periods to maturity of
            approximately one year.
        (g) Interest Rates for New Capital Investments.--
                The unpaid balance on the principal amount of a new capital
            investment bears interest at the Treasury rate for the new
            capital investment from the date the related project, facility,
            or separable unit or feature is placed in service until the
            earlier of the date the new capital investment is repaid or the
            repayment date for the new capital investment.
        (h) Credits to Administrator's Repayment to the United States
    Treasury.--
                The Confederated Tribe of the Colville Reservation Grand
            Coulee Dam Settlement Act (Public Law No. 103-436; 108 Stat.
            4577) is amended by striking section 6 and inserting the
            following:

    ``SEC. 6. CREDITS TO ADMINISTRATOR'S REPAYMENT TO THE UNITED STATES
                  TREASURY

        So long as the Administrator makes annual payments to the tribes
    under the settlement agreement, the Administrator shall apply against
    amounts otherwise payable by the Administrator to the United States
    Treasury a credit that reduces the Administrator's payment, in the
    amount and for each fiscal year as follows: $15,860,000 in fiscal year
    1997; $16,490,000 in fiscal year 1998; $17,150,000 in fiscal year 1999;
    $17,840,000 in fiscal year 2000; $18,550,000 in fiscal year 2001; and
    $4,600,000 in each succeeding fiscal year.''.
        (i) Contract Provisions.--
                In each contract of the Administrator that provides for the
            Administrator to sell electric power, transmission, or related
            services, and that is in effect after September 30, 1996, the
            Administrator shall offer to include, or as the case may be,
            shall offer to amend to include, provisions specifying that
            after September 30, 1996--
                        (1) the Administrator shall establish rates and
                    charges on the basis that--
                                (A) the principal amount of an old capital
                            investment shall be no greater than the new
                            principal amount established under subsection
                            (b);
                                (B) the interest rate applicable to the
                            unpaid balance of the new principal amount of
                            an old capital investment shall be no greater
                            than the interest rate established under
                            subsection (c);
                                (C) any payment of principal of an old
                            capital investment shall reduce the outstanding
                            principal balance of the old capital investment
                            in the amount of the payment at the time the
                            payment is tendered; and
                                (D) any payment of interest on the unpaid
                            balance of the new principal amount of an old
                            capital investment shall be a credit against
                            the appropriate interest account in the amount
                            of the payment at the time the payment is
                            tendered;
                        (2) apart from charges necessary to repay the new
                    principal amount of an old capital investment as
                    established under subsection (b) and to pay the
                    interest on the principal amount under subsection (c),
                    no amount may be charged for return to the United
                    States Treasury as repayment for or return on an old
                    capital investment, whether by way of rate, rent, lease
                    payment, assessment, user charge, or any other fee;
                        (3) amounts provided under section 1304 of title
                    31, United States Code, shall be available to pay, and
                    shall be the sole source for payment of, a judgment
                    against or settlement by the Administrator or the
                    United States on a claim for a breach of the contract
                    provisions required by this Part; and
                        (4) the contract provisions specified in this Part
                    do not--
                                (A) preclude the Administrator from
                            recovering, through rates or other means, any
                            tax that is generally imposed on electric
                            utilities in the United States, or
                                (B) affect the Administrator's authority
                            under applicable law, including section 7(g) of
                            the Pacific Northwest Electric Power Planning
                            and Conservation Act (16 U.S.C. 839e(g)), to--
                                        (i) allocate costs and benefits,
                                    including but not limited to fish and
                                    wildlife costs, to rates or resources,
                                    or
                                        (ii) design rates.
        (j) Savings Provisions.--
                (1) Repayment.--This subchapter does not affect the
            obligation of the Administrator to repay the principal
            associated with each capital investment, and to pay interest on
            the principal, only from the ``Administrator's net proceeds,''
            as defined in section 13 of the Federal Columbia River
            Transmission System Act (16 U.S.C. 838k(b)).
                (2) Payment of capital investment.--Except as provided in
            subsection (e), this section does not affect the authority of
            the Administrator to pay all or a portion of the principal
            amount associated with a capital investment before the
            repayment date for the principal amount.
        Sec. 3004. Notwithstanding any other provision of law, of the
    amounts made available under the Federal Transit Administration's
    Discretionary Grants program for Kauai, Hawaii in Public Law 103-122
    and Public Law 103-311, $3,250,000 shall be transferred to and
    administered in accordance with 49 U.S.C. 5307 and made available for
    operating expenses to Kauai, Hawaii.
        Sec. 3005. The Secretary shall advance emergency relief funds to
    the State of Missouri for the replacement in kind of the Hannibal
    Bridge on the Mississippi River damaged by the 1993 floods
    notwithstanding the provisions of section 125 of title 23, United
    States Code: Provided, That this provision shall be subject to the
    Federal Share provisions of section 120, title 123, United States Code.
        Sec. 3006. (a) Surface Transportation Program.--Notwithstanding
    section 133 of title 23, United States Code, for fiscal year 1996 and
    each subsequent fiscal year, the State of Vermont may obligate funds
    apportioned to the State for the surface transportation program
    established under section 133 of the title for--
                (1) construction, reconstruction, rehabilitation,
            resurfacing, restoration, and operational improvements for
            railroads, including any such construction or reconstruction
            necessary to accommodate other transportation modes;
                (2) all eligible activities under section 5311 of title 49,
            United States Code, and publicly owned rail passenger terminals
            and facilities, including terminals and facilities owned by the
            National Railroad Passenger Corporation;
                (3) capital costs for passenger rail services; and
                (4) beginning in fiscal year 1997, operating costs for
            passenger rail services.
        (b) Congestion Mitigation and Air Quality Improvement Program.--
    Notwithstanding section 149 of title 23, United States Code, for fiscal
    year 1996 and each subsequent fiscal year, the State of Vermont may
    obligate funds apportioned to the State for the congestion mitigation
    and air quality improvement program established under the section for a
    transportation project or program that--
                (1) is for an area in the State described in the matter
            preceding paragraph (1) of section 149(b) of the title; and
                (2) will have air quality benefits through construction of,
            and operational improvements for, intercity passenger rail
            facilities, operation of intercity passenger rail trains, and
            acquisition of rolling stock for intercity passenger rail
            service, except that not more than 50 percent of the amount
            received by the State for a fiscal year under this subsection
            may be obligated for operating support.
        Sec. 3007. Any funds heretofore appropriated and made available in
    Public Law 102-104 and Public Law 102-377 to carry out the provisions
    for the project for navigation, St. Louis Harbor, Missouri and
    Illinois; may be utilized by the Secretary of the Army in carrying out
    the Upper Mississippi and Illinois Waterway System Navigation Study,
    Iowa, Illinois, Missouri, Wisconsin, Minnesota, in fiscal year 1996 or
    until expended.
        Sec. 3008. The Secretary of Health and Human Services shall grant a
    waiver of the requirements set forth in section 1903(m)(2)(A)(ii) of
    the Social Security Act to D.C. Chartered Health Plan, Inc. of the
    District of Columbia: Provided, That such waiver shall be deemed to
    have been in place for all contract periods from October 1, 1991
    through the current contract period or October 1, 1999, whichever shall
    be later.
        Sec. 3009. Of the funds appropriated by Public Law 104-37 or
    otherwise made available to the Food Safety and Inspection Service for
    fiscal year 1996, not less than $363,000,000 shall be available for
    salaries and benefits of in-plant personnel: Provided, That this
    limitation shall not apply if the Secretary of Agriculture certifies to
    the House and Senate Committees on Appropriations that a lesser amount
    will be adequate to fully meet in-plant inspection requirements for the
    fiscal year.
        Sec. 3010. The appropriation for the Arms Control and Disarmament
    Agency in Public Law 103-317 (108 Stat. 1768) is amended by deleting
    after ``until expended'' the following: ``only for activities related
    to the implementation of the Chemical Weapons Convention'': Provided,
    That amounts made available shall not be used to undertake new programs
    or to increase employment above levels on board at the time of
    enactment of this Act.
        Sec. 3011. Section 347(b)(3) of the Department of Transportation
    and Related Agencies Appropriations Act, 1996 (P.L. 104-50), is amended
    to read as follows:
                ``(3) chapter 71, relating to labor-management
            relations,''.
        Sec. 3012. Within its Mission to Planet Earth program, NASA is
    urged to fund Phase A studies for a radar satellite initiative.

    SEC. 3013. ESTABLISHMENT OF PROHIBITION AGAINST ABORTION-RELATED
                  DISCRIMINATION IN TRAINING AND LICENSING OF PHYSICIANS.

        Part B of title II of the Public Health Service Act (42 U.S.C. 238
    et seq.) is amended by adding at the end the following section:

    ``abortion-related discrimination in governmental activities regarding
                      training and licensing of physicians

        ``Sec. 245. (a) In General.--The Federal Government, and any State
    or local government that receives Federal financial assistance, may not
    subject any health care entity to discrimination on the basis that--
                ``(1) the entity refuses to undergo training in the
            performance of induced abortions, to require or provide such
            training, to perform such abortions, or to provide referrals
            for such training or such abortions;
                ``(2) the entity refuses to make arrangements for any of
            the activities specified in paragraph (1); or
                ``(3) the entity attends (or attended) a postgraduate
            physician training program, or any other program of training in
            the health professions, that does not (or did not) perform
            induced abortions or require, provide or refer for training in
            the performance of induced abortions, or make arrangements for
            the provision of such training.
        ``(b) Accreditation of Postgraduate Physician Training Programs.--
                ``(1) In general.--In determining whether to grant a legal
            status to a health care entity (including a license or
            certificate), or to provide such entity with financial
            assistance, services or other benefits, the Federal Government,
            or any State or local government that receives Federal
            financial assistance, shall deem accredited any postgraduate
            physician training program that would be accredited but for the
            accrediting agency's reliance upon an accreditation standards
            that requires an entity to perform an induced abortion or
            require, provide, or refer for training in the performance of
            induced abortions, or make arrangements for such training,
            regardless of whether such standard provides exceptions or
            exemptions. The government involved shall formulate such
            regulations or other mechanisms, or enter into such agreements
            with accrediting agencies, as are necessary to comply with this
            subsection.
                ``(2) Rules of construction.--
                        ``(A) In general.--With respect to subclauses (I)
                    and (II) of section 705(a)(2)(B)(i) (relating to a
                    program of insured loans for training in the health
                    professions), the requirements in such subclauses
                    regarding accredited internship or residency programs
                    are subject to paragraph (1) of this subsection.
                        ``(B) Exceptions.--This section shall not--
                                ``(i) prevent any health care entity from
                            voluntarily electing to be trained, to train,
                            or to arrange for training in the performance
                            of, to perform, or to make referrals for
                            induced abortions; or
                                ``(ii) prevent an accrediting agency or a
                            Federal, State or local government from
                            establishing standards of medical competency
                            applicable only to those individuals who have
                            voluntarily elected to perform abortions.
        ``(c) Definitions.--For purposes of this section:
                ``(1) The term `financial assistance', with respect to a
            government program, includes governmental payments provided as
            reimbursement for carrying out health-related activities.
                ``(2) The term `health care entity' includes an individual
            physician, a postgraduate physician training program, and a
            participant in a program of training in the health professions.
                ``(3) The term `postgraduate physician training program'
            includes a residency training program.''.
        Sec. 3014. (a) The Senate finds that:
                (1) Record low temperatures across the country this winter,
            coupled with record snowfalls in many areas, have generated
            substantial and sustained demand among eligible low-income
            Americans for home heating assistance, and put many who face
            heating-related crises at risk.
                (2) Home heating assistance for working and low-income
            families with children, the elderly on fixed incomes, the
            disabled, and others who need such help is a critical part of
            the social safety net in cold-weather areas.
                (3) The President has released approximately $900,000,000
            in regular Low Income Home Energy Assistance Program (LIHEAP)
            funding for this year, compared to a funding level of
            $1,319,000,000 last year, and a large LIHEAP funding shortfall
            remains which has adversely affected eligible recipients in
            many cold-weather States.
                (4) LIHEAP is a highly targeted, cost-effective way to help
            approximately 6 million low-income Americans to pay their
            energy bills. More than two-thirds of LIHEAP-eligible
            households have annual incomes of less than $8,000; more than
            one-half have annual incomes below $6,000.
                (5) LIHEAP program funding has been substantially reduced
            in recent years, and cannot sustain any further spending cuts
            if the program is to remain a viable means of meeting the home
            heating and other energy-related needs of low-income people in
            cold-weather States.
                (6) Traditionally, LIHEAP has received advance
            appropriations for the next fiscal year. This allows States to
            properly plan for the upcoming winter and best serve the energy
            needs of low-income families.
                (7) Congress was not able to pass an appropriations bill
            for the Departments of Labor, Health and Human Services, and
            Education by the beginning of this fiscal year and it was only
            because LIHEAP received advance appropriations last fiscal year
            that the President was able to release the $578,000,000 he did
            in December--the bulk of the funds made available to the States
            this winter.
                (8) There is currently available to the President up to
            $300,000,000 in emergency LIHEAP funding, which could be made
            available immediately, on a targeted basis, to meet the urgent
            home heating needs of eligible persons who otherwise could be
            faced with heating-related emergencies, including shut-offs, in
            the coming weeks.
        (b) Therefore, it is the sense of the Senate that--
                (1) the President should release immediately a substantial
            portion of available emergency funding for the Low Income Home
            Energy Assistance Program for fiscal year 1996, to help meet
            continuing urgent needs for home heating assistance during this
            unusually cold winter; and
                (2) not less than the $1,000,000,000 in regular advance-
            appropriated LIHEAP funding for next winter provided for in
            this bill should be retained in a House-Senate conference on
            this measure.

    SEC. 3015. LAND EXCHANGE

        (a) Short Title.--This section may be cited as the ``Greens Creek
    Land Exchange Act of 1996''.
        (b) Findings.--The Congress makes the following findings:
                (1) The Alaska National Interest Lands Conservation Act
            established the Admiralty Island National Monument and sections
            503 and 504 of that Act provided special provisions under which
            the Greens Creek Claims would be developed. The provisions
            supplemented the general mining laws under which these claims
            were staked.
                (2) The Kennecott Greens Creek Mining Company, Inc.,
            currently holds title to the Greens Creek Claims, and the area
            surrounding these claims has further mineral potential which is
            yet unexplored.
                (3) Negotiations between the United States Forest Service
            and the Kennecott Greens Creek Mining Company, Inc., have
            resulted in an agreement by which the area surrounding the
            Greens Creek Claims could be explored and developed under terms
            and conditions consistent with the protection of the values of
            the Admiralty Island National Monument.
                (4) The full effectuation of the Agreement, by its terms,
            requires the approval and ratification by Congress.
        (c) Definitions.--As used in this section--
                (1) the term ``Agreement'' means the document entitled the
            ``Greens Creek Land Exchange Agreement'' executed on December
            14, 1994, by the Under Secretary of Agriculture for Natural
            Resources and Environment on behalf of the United States and
            the Kennecott Greens Creek Mining Company and Kennecott
            Corporation;
                (2) the term ``ANILCA'' means the Alaska National Interest
            Lands Conservation Act, Public Law 96-487 (94 Stat. 2371);
                (3) the term ``conservation system unit'' has the same
            meaning as defined in section 102(4) of ANILCA;
                (4) the term ``Greens Creek Claims'' means those patented
            mining claims of Kennecott Greens Creek Mining Company within
            the Monument recognized pursuant to section 504 of ANILCA;
                (5) the term ``KGCMC'' means the Kennecott Greens Creek
            Mining Company, Inc., a Delaware corporation;
                (6) the term ``Monument'' means the Admiralty Island
            National Monument in the State of Alaska established by section
            503 of ANILCA;
                (7) the term ``Royalty'' means Net Island Receipts Royalty
            as that latter term is defined in Exhibit C to the Agreement;
            and
                (8) the term ``Secretary'' means the Secretary of
            Agriculture.
        (d) Ratification of the Agreement.--The Agreement is hereby
    ratified and confirmed as to the duties and obligations of the United
    States and its agencies, and KGCMC and Kennecott Corporation, as a
    matter of Federal law. The agreement may be modified or amended,
    without further action by the Congress, upon written agreement of all
    parties thereto and with notification in writing being made to the
    appropriate committees of the Congress.
        (e) Implementation of the Agreement.--
                (1) Land acquisition.--Without diminishment of any other
            land acquisition authority of the Secretary in Alaska and in
            furtherance of the purposes of the Agreement, the Secretary is
            authorized to acquire lands and interests in land within
            conservation system units in the Tongass National Forest, and
            any land or interest in land so acquired shall be administered
            by the Secretary as part of the National Forest System and any
            conservation system unit in which it is located. Priority shall
            be given to acquisition of non-Federal lands within the
            Monument.
                (2) Acquisition Funding.--There is hereby established in
            the Treasury of the United States an account entitled the
            `Greens Creek Land Exchange Account' into which shall be
            deposited the first $5,000,000 in royalties received by the
            United States under part 6 of the Agreement after the
            distribution of the amounts pursuant to paragraph (3) of this
            subsection. Such moneys in the special account in the Treasury
            may, to the extent provided in appropriations Acts, be used for
            land acquisition pursuant to paragraph (1) of this subsection.
                (3) Twenty-five percent fund.--All royalties paid to the
            United States under the Agreement shall be subject to the 25
            percent distribution provisions of the Act of May 23, 1908, as
            amended (16 U.S.C. 500) relating to payments for roads and
            schools.
                (4) Mineral development.--Notwithstanding any provision of
            ANILCA to the contrary, the lands and interests in lands being
            conveyed to KGCMC pursuant to the Agreement shall be available
            for mining and related activities subject to and in accordance
            with the terms of the Agreement and conveyances made
            thereunder.
                (5) Admnistration.--The Secretary of Agriculture is
            authorized to implement and administer the rights and
            obligations of the Federal Government under the Agreement,
            including monitoring the Government's interests relating to
            extralateral rights, collecting royalties, and conducting
            audits. The Secretary may enter into cooperative arrangements
            with other Federal agencies for the performance of any Federal
            rights or obligations under the Agreement or this Act.
                (6) Reversions.--Before reversion to the United States of
            KGCMC properties located on Admiralty Island, KGCMC shall
            reclaim the surface disturbed in accordance with an approved
            plan of operations and applicable laws and regulations. Upon
            reversion to the United States of KGCMC properties located on
            Admiralty, those properties located within the Monument shall
            become part of the Monument and those properties lying outside
            the Monument shall be managed as part of the Tongass National
            Forest.
                (7) Savings provisions.--Implementation of the Agreement in
            accordance with this section shall not be deemed a major
            Federal action significantly affecting the quality of the human
            environment, nor shall implementation require further
            consideration pursuant to the National Historic Preservation
            Act, title VIII of ANILCA, or any other law.
        (f) Recision Rights.--Within 60 days of the enactment of this
    section, KGCMC and Kennecott Corporation shall have a right to rescind
    all rights under the Agreement and this section. Recision shall be
    effected by a duly authorized resolution of the Board of Directors of
    either KGCMC or Kennecott Corporation and delivered to the Chief of the
    Forest Service at the Chief's principal office in Washington. District
    of Columbia. In the event of a recision, the status quo ante provisions
    of the Agreement shall apply.

    SEC. 3016. SEAFOOD SAFETY.

        Notwithstanding any other provision of law, any domestic fish or
    fish product produced in compliance with food safety standards or
    procedures accepted by the Food and Drug Administration as satisfying
    the requirements of the ``Procedures for the Safe and Sanitary
    Processing and Importing of Fish and Fish Products'' (published by the
    Food and Drug Administration as a final regulation in the Federal
    Register of December 18, 1995), shall be deemed to have met any
    inspection requirements of the Department of Agriculture or other
    Federal agency for any Federal commodity purchase program, including
    the program authorized under section 32 of the Act of August 24, 1935
    (7 U.S.C. 612c) except that the Department of Agriculture or other
    Federal agency may utilize lot inspection to establish a reasonable
    degree of certainty that fish or fish products purchased under a
    Federal commodity purchase program, including the program authorized
    under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), meet
    Federal product specifications.

    SEC. 3017. CONTINUED OPERATION OF AN EXISTING HYDROELECTRIC FACILITY IN
                  MONTANA.

        (a) Notwithstanding section 10(e)(1) of the Federal Power Act (16
    U.S.C. 803(e)(1)) or any other law requiring payment to the United
    States of an annual or other charge for the use, occupancy, and
    enjoyment of land by the holder of a license issued by the Federal
    Energy Regulatory Commission under part I of the Federal Power Act (16
    U.S.C. 792 et seq.) for project numbered 1473: Provided, That the
    current licensee receives no payment or consideration for the transfer
    of the license a political subdivision of the State of Montana that
    accepts the license--
                (1) shall not be required to pay such charges during the 5-
            year period following the date of acceptance; and
                (2) after that 5-year period, and for so long as the
            political subdivision holds the license, shall not be required
            to pay such charges that exceed 100 percentum of the net
            revenues derived from the sale of electric power from the
            project.
        (b) The provisions of subsection (a) shall not be effective if--
                (1) a competing license application is filed within 90 days
            of the date of enactment of this Act; or
                (2) the Federal Energy Regulatory Commission issues an
            order within 90 days of the date of enactment of this Act which
            makes a determination that in the absence of the reduction in
            charges provided by subsection (a) the license transfer will
            occur.
        Sec. 3018. Sense of the Senate Regarding the Budget Treatment of
    Federal Disaster Assistance.--It is the sense of the Senate that the
    conference on S. 1594, making omnibus consolidated rescissions and
    appropriations for the fiscal year ending September 30, 1996, and for
    other purposes, shall find sufficient funding reductions to offset the
    costs of providing any Federal disaster assistance.
        Sec. 3019. Sense of the Senate Regarding the Budget Treatment of
    Federal Disaster Assistance.--It is the sense of the Senate that
    Congress and the relevant committees of the Senate shall examine the
    manner in which Federal disaster assistance is provided and develop a
    long-term funding plan for the budgetary treatment of any Federal
    assistance, providing for such funds out of existing budget allocation
    rather than taking the expenditures off budget and adding to the
    Federal deficit.
        Sec. 3020. None of the funds made available by this Act or any
    previous Act shall be expended if such expenditure would cause total
    fiscal year 1996 non-defense discretionary expenditures for:
                (1) Agriculture, rural development and related programs or
            activities contained in this or prior year Acts to exceed
            $13,581,000,000;
                (2) Commerce, Justice, State, the Judiciary and related
            programs or activities contained in this or prior year Acts to
            exceed $23,762,000,000;
                (3) Energy and water development programs or activities
            contained in this or prior year Acts to exceed $9,272,000,000;
                (4) Foreign operations programs or activities contained in
            this or prior year Acts to exceed $13,867,000,000;
                (5) Interior and related programs or activities contained
            in this or prior year Acts to exceed $13,215,000,000;
                (6) Labor, Health and Human Services, Education and related
            programs or activities contained in this or prior year Acts to
            exceed $68,565,000,000;
                (7) Transportation and related programs or activities
            contained in this or prior year Acts to exceed $36,756,000,000;
            and
                (8) Veterans Affairs, Housing and independent agencies'
            programs or activities contained in this or prior year Acts to
            exceed $74,270,000,000: Provided, That the President shall
            report to the Committees on Appropriations within 30 days of
            the enactment into law of this Act on the implementation of
            this section: Provided further, That no more than 50 percent of
            the funds appropriated or otherwise made available for
            obligation for non-defense programs and activities in TITLE
            II--EMERGENCY APPROPRIATIONS--of this Act and containing an
            emergency designation shall be expended until the report
            mentioned in the preceding proviso is transmitted to the
            Committees on Appropriations.

    SEC. 3021. WALLA WALLA MEDICAL CENTER.

        (a) Designation.--The Walla Walla Veterans Medical Center located
    at 77 Wainwright Drive, Walla Walla, Washington, shall be known and
    designated as the ``Jonathan M. Wainwright Memorial VA Medical
    Center''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Walla Walla Veterans
    Medical Center referred to in subsection (a) shall be deemed to be a
    reference to the ``Jonathan M. Wainwright Memorial VA Medical Center''.

    SEC. 3022. PLAN FOR ALLOCATION OF HEALTH CARE RESOURCES BY DEPARTMENT
                  OF VETERANS AFFAIRS.

        (a) Plan.--(1) The Secretary of Veterans Affairs shall develop a
    plan for the allocation of health care resources (including personnel
    and funds) of the Department of Veterans Affairs among the health care
    facilities of the Department so as to ensure that veterans having
    similar economic status, eligibility priority and, or, similar medical
    conditions who are eligible for medical care in such facilities have
    similar access to such care in such facilities regardless of the region
    of the United States in which such veterans reside.
        (2) The Plan shall reflect, to the maximum extent possible, the
    Veterans Integrated Service Network, as well as the Resource Planning
    and Management System developed by the Department of Veterans Affairs
    to account for forecasts in expected workload and to ensure fairness to
    facilities that provide cost-efficient health care, and shall include
    procedures to identify reasons for variations in operating costs among
    similar facilities and ways to improve the allocation of resources so
    as to promote efficient use of resources and provision of quality
    health care.
        (3) The Secretary shall prepare the plan in consultation with the
    Under Secretary of Health of the Department of Veterans Affairs.
        (b) Plan Elements.--The plan under subsection (a) shall set forth--
                (1) milestones for achieving the goal referred to in that
            subsection; and
                (2) a means of evaluating the success of the Secretary in
            meeting the goals through the plan.
        (c) Submittal to Congress.--The Secretary shall submit to Congress
    the plan developed under subsection (a) not later than 180 days after
    the date of the enactment of this Act.
        (d) Plan Implementation.--The Secretary shall implement the plan
    developed under subsection (a) within 60 days of submitting such plan
    to Congress under subsection (b), unless within such period the
    Secretary notifies the appropriate Committees of Congress that such
    plan will not be implemented along with an explanation of why such plan
    will not be implemented.

    SEC. 3023. COMPOSITION OF NATIONAL COMMISSION ON RESTRUCTURING THE
                  INTERNAL REVENUE SERVICE.

        (a) In General.--Section 637(b)(2) of the Treasury, Postal Service,
    and General Government Appropriations Act, 1996 (Public Law 104-52, 109
    Stat. 509) is amended--
                (1) by striking ``thirteen'' and inserting ``seventeen'',
            and
                (2) in subparagraphs (B) and (D)--
                        (A) by striking ``Two'' and inserting ``Four'', and
                        (B) by striking ``one from private life'' and
                    inserting ``three from private life''.
        (b) Effective Date.--The amendments made by this section shall take
    effect as if included in the provisions of the Treasury, Postal
    Service, and General Government Appropriations Act, 1996.

                      TITLE IV--CONTINGENCY APPROPRIATIONS

                                   CHAPTER 1

    DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, AND RELATED
                                    AGENCIES

                             DEPARTMENT OF COMMERCE

                 National Institute of Standards and Technology

                         industrial technology services

        In addition to funds provided elsewhere in this Act, for necessary
    expenses of the Advanced Technology Program of the National Institute
    of Standards and Technology, $235,000,000, to remain available until
    expended: 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
    from carryover of current and prior year appropriations under the
    Advanced Technology Program may be used only for the purposes of
    providing continuation grants.

                           Technology Administration

           under secretary for technology/office of technology policy

                             salaries and expenses

        In addition to funds provided elsewhere in this Act, $2,000,000, to
    remain available until October 30, 1997, for grants to be awarded by
    the United States-Israel Science and Technology Commission.

                              DEPARTMENT OF STATE

                       Administration of Foreign Affairs

               security and maintenance of united states missions

        In addition to funds provided elsewhere in this Act for Security
    and Maintenance of United States Missions and under the same terms and
    conditions as are applicable to those funds under this Act, $8,500,000,
    to remain available until expended.

                  International Organizations and Conferences

                  contributions to international organizations

        In addition to funds provided elsewhere in this Act for
    Contributions to International Organizations and under the same terms
    and conditions as are applicable to those funds under this Act,
    $223,000,000.

            contributions for international peacekeeping activities

        In addition to funds provided elsewhere in this Act for
    Contributions for International Peacekeeping Activities and under the
    same terms and conditions as are applicable to those funds under this
    Act, $215,000,000.

                                 RELATED AGENCY

                           Legal Services Corporation

                   payment to the legal services corporation

        In addition to funds provided elsewhere in this Act, for payment to
    the Legal Services Corporation to carry out the purposes of the Legal
    Services Corporation Act of 1974, as amended, $9,000,000 for basic
    field programs.

                                   CHAPTER 2

                           DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                           payments in lieu of taxes

        In addition to funds provided elsewhere in this Act, $12,500,000.

                             National Park Service

                     operations of the national park system

        In addition to funds provided elsewhere in this Act, $35,000,000.

                            Bureau of Indian Affairs

                          operation of indian programs

        In addition to funds provided elsewhere in this Act, $35,000,000,
    to remain available until expended.

                              DEPARTMENT OF ENERGY

                              Energy Conservation

        In addition to funds provided elsewhere in this Act, $35,000,000,
    to remain available until expended.

                                   CHAPTER 3

      DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND
                                RELATED AGENCIES

                             Subchapter A--Amounts

        In addition to the amounts provided in Title I of this Act for the
    Department of Labor:
        Under the heading ``Training and Employment Services'',
    $1,213,300,000, of which $487,300,000 is available for obligation for
    the period July 1, 1996 through June 30, 1997, and of which $91,000,000
    is available from July 1, 1996, through September 30, 1997, for
    carrying out activities of the School-to-Work Opportunities Act, and of
    which $635,000,000 is for carrying out title II, part B of the Job
    Training Partnership Act;
        Under the heading ``State Unemployment Insurance and Employment
    Service Operations'', $18,000,000, which shall be available for
    obligation for the period July 1, 1996 through June 30, 1997;
        In addition to the amounts provided for in Title I of this Act for
    the Department of Health and Human Services:
        Under the heading ``Children and Families Services Programs'',
    $136,700,000.
        In addition to the amounts provided for in Title I of this Act for
    the Department of Education:
        Under the heading ``Education Reform'', $151,000,000, which shall
    become available on October 1, 1996 and shall remain available through
    September 30, 1997: Provided, That $60,000,000 shall be for the Goals
    2000: Educate Act and $91,000,000 shall be for the School-to-Work
    Opportunities Act.
        Under the heading ``Education for the Disadvantaged'',
    $814,489,000, which shall become available for obligation on October 1,
    1996 and shall remain available through September 30, 1997: Provided,
    That $700,228,000 shall be available for basic grants and $114,261,000
    shall be for concentration grants.
        Under the heading ``School Improvement Programs'', $208,000,000,
    which shall become available for obligation on October 1, 1996 and
    shall remain available through September 30, 1997.
        Under the heading ``Vocational and Adult Education'', $82,750,000,
    which shall become available for obligation on October 1, 1996 and
    shall remain available through September 30, 1997.
        Under the heading ``Student Financial Assistance'', the maximum
    Pell Grant for which a student shall be eligible during award year
    1996-1997 shall be increased by $60.00: Provided, That funding for
    title IV, part E shall be increased by $58,000,000 and funding for
    title IV, part A, subpart 4 shall be increased by $32,000,000.
        Under the heading ``Education Research, Statistics, and
    Improvement'', $10,000,000 which shall become available for obligation
    on October 1, 1996 and shall remain available through September 30,
    1997, shall be for sections 3136 and 3141 of the Elementary and
    Secondary Education Act.

                        Subchapter B--Additional Amounts

        In addition to the amounts provided in Title I of this Act for the
    Department of Labor:
        Under the heading ``Departmental Management, Salaries and
    Expenses'', $12,000,000, of which $10,000,000 shall be only for
    terminal leave, severance pay, and other costs directly related to the
    reduction of the number of employees in the Department.
        In addition to the amounts provided for in Title I of this Act for
    the Department of Health and Human Services:
        Under the heading ``Health Resources and Services'', $55,256,000:
    Provided, That $52,000,000 of such funds shall be used only for State
    AIDS Drug Assistance Programs authorized by section 2616 of the Public
    Health Service Act and shall be distributed to States as authorized by
    section 2618(b)(2) of such Act; and
        Under the heading ``Substance Abuse and Mental Health Services'',
    $134,107,000.

                        Subchapter C--General Provisions

        Notwithstanding any other provision of this Act, section 4002 shall
    not apply to part 1 of chapter 3 of title IV.

                    Administration for Children and Families

                       job opportunities and basic skills

                                  (rescission)

        Of the funds made available under this heading elsewhere in this
    Act, there is rescinded an amount equal to the total of the funds
    within each State's limitation for fiscal year 1996 that are not
    necessary to pay such State's allowable claims for such fiscal year.
        Section 403(k)(3)(F) of the Social Security Act (as amended by
    Public Law 100-485) is amended by adding: ``reduced by an amount equal
    to the total of those funds that are within each State's limitation for
    fiscal year 1996 that are not necessary to pay such State's allowable
    claims for such fiscal year (except that such amount for such year
    shall be deemed to be $1,000,000,000 for the purpose of determining the
    amount of the payment under subsection (1) to which each State is
    entitled),''.

                        Federal Aviation Administration

                           grants-in-aid for airports

                        (airport and airway trust fund)

                     (rescission of contract authorization)

        Of the available contract authority balances under this account,
    $616,000,000 are rescinded.

        Subchapter D--United States Enrichment Corporation Privatization

    SEC. 401. SHORT TITLE.

        This subchapter may be cited as the ``USEC Privatization Act''.

    SEC. 402. DEFINITIONS.

        For purposes of this subchapter:
                (1) The term ``AVLIS'' means atomic vapor laser isotope
            separation technology.
                (2) The term ``Corporation'' means the United States
            Enrichment Corporation and, unless the context otherwise
            requires, includes the private corporation and any successor
            thereto following privatization.
                (3) The term ``gaseous diffusion plants'' means the Paducah
            Gaseous Diffusion Plant at Paducah, Kentucky and the Portsmouth
            Gaseous Diffusion Plant at Piketon, Ohio.
                (4) The term ``highly enriched uranium'' means uranium
            enriched to 20 percent or more of the uranium-235 isotope.
                (5) The term ``low-enriched uranium'' means uranium
            enriched to less than 20 percent of the uranium-235 isotope,
            including that which is derived from highly enriched uranium.
                (6) The term ``low-level radioactive waste'' has the
            meaning given such term in section 2(9) of the Low-Level
            Radioactive Waste Policy Act (42 U.S.C. 2021b(9)).
                (7) The term ``private corporation'' means the corporation
            established under section 405.
                (8) The term ``privatization'' means the transfer of
            ownership of the Corporation to private investors.
                (9) The term ``privatization date'' means the date on which
            100 percent of the ownership of the Corporation has been
            transferred to private investors.
                (10) The term ``public offering'' means an underwritten
            offering to the public of the common stock of the private
            corporation pursuant to section 404.
                (11) The ``Russian HEU Agreement'' means the Agreement
            Between the Government of the United States of America and the
            Government of the Russian Federation Concerning the Disposition
            of Highly Enriched Uranium Extracted from Nuclear Weapons,
            dated February 18, 1993.
                (12) The term ``Secretary'' means the Secretary of Energy.
                (13) The ``Suspension Agreement'' means the Agreement to
            Suspend the Antidumping Investigation on Uranium from the
            Russian Federation, as amended.
                (14) The term ``uranium enrichment'' means the separation
            of uranium of a given isotopic content into 2 components, 1
            having a higher percentage of a fissile isotope and 1 having a
            lower percentage.

    SEC. 403. SALE OF THE CORPORATION.

        (a) Authorization.--The Board of Directors of the Corporation, with
    the approval of the Secretary of the Treasury, shall transfer the
    interest of the United States in the United States Enrichment
    Corporation to the private sector in a manner that provides for the
    long-term viability of the Corporation, provides for the continuation
    by the Corporation of the operation of the Department of Energy's
    gaseous diffusion plants, provides for the protection of the public
    interest in maintaining a reliable and economical domestic source of
    uranium mining, enrichment and conversion services, and, to the extent
    not inconsistent with such purposes, secures the maximum proceeds to
    the United States.
        (b) Proceeds.--Proceeds from the sale of the United States'
    interest in the Corporation shall be deposited in the general fund of
    the Treasury.

    SEC. 404. METHOD OF SALE.

        (a) Authorization.--The Board of Directors of the Corporation, with
    the approval of the Secretary of the Treasury, shall transfer ownership
    of the assets and obligations of the Corporation to the private
    corporation established under section 405 (which may be consummated
    through a merger or consolidation effected in accordance with, and
    having the effects provided under, the law of the State of
    incorporation of the private corporation, as if the Corporation were
    incorporated thereunder).
        (b) Board Determination.--The Board, with the approval of the
    Secretary of the Treasury, shall select the method of transfer and
    establish terms and conditions for the transfer that will provide the
    maximum proceeds to the Treasury of the United States and will provide
    for the long-term viability of the private corporation, the continued
    operation of the gaseous diffusion plants, and the public interest in
    maintaining reliable and economical domestic uranium mining and
    enrichment industries.
        (c) Adequate Proceeds.--The Secretary of the Treasury shall not
    allow the privatization of the Corporation unless before the sale date
    the Secretary of the Treasury determines that the method of transfer
    will provide the maximum proceeds to the Treasury consistent with the
    principles set forth in section 403(a).
        (d) Application of Securities Laws.--Any offering or sale of
    securities by the private corporation shall be subject to the
    Securities Act of 1933 (15 U.S.C. 77a et seq.), the Securities Exchange
    Act of 1934 (15 U.S.C. 78a et seq.), and the provisions of the
    Constitution and laws of any State, territory, or possession of the
    United States relating to transactions in securities.
        (e) Expenses.--Expenses of privatization shall be paid from
    Corporation revenue accounts in the United States Treasury.

    SEC. 405. ESTABLISHMENT OF PRIVATE CORPORATION.

        (a) Incorporation.--(1) The directors of the Corporation shall
    establish a private for-profit corporation under the laws of a State
    for the purpose of receiving the assets and obligations of the
    Corporation at privatization and continuing the business operations of
    the Corporation following privatization.
        (2) The directors of the Corporation may serve as incorporators of
    the private corporation and shall take all steps necessary to establish
    the private corporation, including the filing of articles of
    incorporation consistent with the provisions of this subchapter.
        (3) Employees and officers of the Corporation (including members of
    the Board of Directors) acting in accordance with this section on
    behalf of the private corporation shall be deemed to be acting in their
    official capacities as employees or officers of the Corporation for
    purposes of section 205 of title 18, United States Code.
        (b) Status of the Private Corporation.--(1) The private corporation
    shall not be an agency, instrumentality, or establishment of the United
    States, a Government corporation, or a Government-controlled
    corporation.
        (2) Except as otherwise provided by this subchapter, financial
    obligations of the private corporation shall not be obligations of, or
    guaranteed as to principal or interest by, the Corporation or the
    United States, and the obligations shall so plainly state.
        (3) No action under section 1491 of title 28, United States Code,
    shall be allowable against the United States based on actions of the
    private corporation.
        (c) Application of Post-Government Employment Restrictions.--
    Beginning on the privatization date, the restrictions stated in section
    207 (a), (b), (c), and (d) of title 18, United States Code, shall not
    apply to the acts of an individual done in carrying out official duties
    as a director, officer, or employee of the private corporation, if the
    individual was an officer or employee of the Corporation (including a
    director) continuously during the 45 days prior to the privatization
    date.
        (d) Dissolution.--In the event that the privatization does not
    occur, the Corporation will provide for the dissolution of the private
    corporation within 1 year of the private corporation's incorporation
    unless the Secretary of the Treasury or his delegate, upon the
    Corporation's request, agrees to delay any such dissolution for an
    additional year.

    SEC. 406. TRANSFERS TO THE PRIVATE CORPORATION.

        Concurrent with privatization, the Corporation shall transfer to
    the private corporation--
                (1) the lease of the gaseous diffusion plants in accordance
            with section 407,
                (2) all personal property and inventories of the
            Corporation,
                (3) all contracts, agreements, and leases under section
            408(a),
                (4) the Corporation's right to purchase power from the
            Secretary under section 408(b),
                (5) such funds in accounts of the Corporation held by the
            Treasury or on deposit with any bank or other financial
            institution as approved by the Secretary of the Treasury, and
                (6) all of the Corporation's records, including all of the
            papers and other documentary materials, regardless of physical
            form or characteristics, made or received by the Corporation.

    SEC. 407. LEASING OF GASEOUS DIFFUSION FACILITIES.

        (a) Transfer of Lease.--Concurrent with privatization, the
    Corporation shall transfer to the private corporation the lease of the
    gaseous diffusion plants and related property for the remainder of the
    term of such lease in accordance with the terms of such lease.
        (b) Renewal.--The private corporation shall have the exclusive
    option to lease the gaseous diffusion plants and related property for
    additional periods following the expiration of the initial term of the
    lease.
        (c) Exclusion of Facilities for Production of Highly Enriched
    Uranium.--The Secretary shall not lease to the private corporation any
    facilities necessary for the production of highly enriched uranium but
    may, subject to the requirements of the Atomic Energy Act of 1954 (42
    U.S.C. 2011 et seq.), grant the Corporation access to such facilities
    for purposes other than the production of highly enriched uranium.
        (d) DOE Responsibility for Preexisting Conditions.--The payment of
    any costs of decontamination and decommissioning, response actions, or
    corrective actions with respect to conditions existing before July 1,
    1993, at the gaseous diffusion plants shall remain the sole
    responsibility of the Secretary.
        (e) Environmental Audit.--For purposes of subsection (d), the
    conditions existing before July 1, 1993, at the gaseous diffusion
    plants shall be determined from the environmental audit conducted
    pursuant to section 1403(e) of the Atomic Energy Act of 1954 (42 U.S.C.
    2297c-2(e)).
        (f) Treatment Under Price-Anderson Provisions.--Any lease executed
    between the Secretary and the Corporation or the private corporation,
    and any extension or renewal thereof, under this section shall be
    deemed to be a contract for purposes of section 170d. of the Atomic
    Energy Act of 1954 (42 U.S.C. 2210(d)).
        (g) Waiver of EIS Requirement.--The execution or transfer of the
    lease between the Secretary and the Corporation or the private
    corporation, and any extension or renewal thereof, shall not be
    considered to be a major Federal action significantly affecting the
    quality of the human environment for purposes of section 102 of the
    National Environmental Policy Act of 1969 (42 U.S.C. 4332).

    SEC. 408. TRANSFER OF CONTRACTS.

        (a) Transfer of Contracts.--Concurrent with privatization, the
    Corporation shall transfer to the private corporation all contracts,
    agreements, and leases, including all uranium enrichment contracts,
    that were--
                (1) transferred by the Secretary to the Corporation
            pursuant to section 1401(b) of the Atomic Energy Act of 1954
            (42 U.S.C. 2297c(b)), or
                (2) entered into by the Corporation before the
            privatization date.
        (b) Nontransferable Power Contracts.--The Corporation shall
    transfer to the private corporation the right to purchase power from
    the Secretary under the power purchase contracts for the gaseous
    diffusion plants executed by the Secretary before July 1, 1993. The
    Secretary shall continue to receive power for the gaseous diffusion
    plants under such contracts and shall continue to resell such power to
    the private corporation at cost during the term of such contracts.
        (c) Effect of Transfer.--(1) Notwithstanding subsection (a), the
    United States shall remain obligated to the parties to the contracts,
    agreements, and leases transferred under subsection (a) for the
    performance of its obligations under such contracts, agreements, or
    leases during their terms. Performance of such obligations by the
    private corporation shall be considered performance by the United
    States.
        (2) If a contract, agreement, or lease transferred under subsection
    (a) is terminated, extended, or materially amended after the
    privatization date--
                (A) the private corporation shall be responsible for any
            obligation arising under such contract, agreement, or lease
            after any extension or material amendment, and
                (B) the United States shall be responsible for any
            obligation arising under the contract, agreement, or lease
            before the termination, extension, or material amendment.
        (3) The private corporation shall reimburse the United States for
    any amount paid by the United States under a settlement agreement
    entered into with the consent of the private corporation or under a
    judgment, if the settlement or judgment--
                (A) arises out of an obligation under a contract,
            agreement, or lease transferred under subsection (a), and
                (B) arises out of actions of the private corporation
            between the privatization date and the date of a termination,
            extension, or material amendment of such contract, agreement,
            or lease.
        (d) Pricing.--The Corporation may establish prices for its
    products, materials, and services provided to customers on a basis that
    will allow it to attain the normal business objectives of a profit
    making corporation.

    SEC. 409. LIABILITIES.

        (a) Liability of the United States.--(1) Except as otherwise
    provided in this subchapter, all liabilities arising out of the
    operation of the uranium enrichment enterprise before July 1, 1993,
    shall remain the direct liabilities of the Secretary.
        (2) Except as provided in subsection (a)(3) or otherwise provided
    in a memorandum of agreement entered into by the Corporation and the
    Office of Management and Budget prior to the privatization date, all
    liabilities arising out of the operation of the Corporation between
    July 1, 1993, and the privatization date shall remain the direct
    liabilities of the United States.
        (3) All liabilities arising out of the disposal of depleted uranium
    generated by the Corporation between July 1, 1993, and the
    privatization date shall become the direct liabilities of the
    Secretary.
        (4) Any stated or implied consent for the United States, or any
    agent or officer of the United States, to be sued by any person for any
    legal, equitable, or other relief with respect to any claim arising
    from any action taken by any agent or officer of the United States in
    connection with the privatization of the Corporation is hereby
    withdrawn.
        (5) To the extent that any claim against the United States under
    this section is of the type otherwise required by Federal statute or
    regulation to be presented to a Federal agency or official for
    adjudication or review, such claim shall be presented to the Department
    of Energy in accordance with procedures to be established by the
    Secretary. Nothing in this paragraph shall be construed to impose on
    the Department of Energy liability to pay any claim presented pursuant
    to this paragraph.
        (6) The Attorney General shall represent the United States in any
    action seeking to impose liability under this subsection.
        (b) Liability of the Corporation.--Notwithstanding any provision of
    any agreement to which the Corporation is a party, the Corporation
    shall not be considered in breach, default, or violation of any
    agreement because of the transfer of such agreement to the private
    corporation under section 408 or any other action the Corporation is
    required to take under this subchapter.
        (c) Liability of the Private Corporation.--Except as provided in
    this subchapter, the private corporation shall be liable for any
    liabilities arising out of its operations after the privatization date.
        (d) Liability of Officers and Directors.--(1) No officer, director,
    employee, or agent of the Corporation shall be liable in any civil
    proceeding to any party in connection with any action taken in
    connection with the privatization if, with respect to the subject
    matter of the action, suit, or proceeding, such person was acting
    within the scope of his employment.
        (2) This subsection shall not apply to claims arising under the
    Securities Act of 1933 (15 U.S.C. 77a. et seq.), the Securities
    Exchange Act of 1934 (15 U.S.C. 78a. et seq.), or under the
    Constitution or laws of any State, territory, or possession of the
    United States relating to transactions in securities.

    SEC. 410. EMPLOYEE PROTECTIONS.

        (a) Contractor Employees.--(1) Privatization shall not diminish the
    accrued, vested pension benefits of employees of the Corporation's
    operating contractor at the two gaseous diffusion plants.
        (2) In the event that the private corporation terminates or changes
    the contractor at either or both of the gaseous diffusion plants, the
    plan sponsor or other appropriate fiduciary of the pension plan
    covering employees of the prior operating contractor shall arrange for
    the transfer of all plan assets and liabilities relating to accrued
    pension benefits of such plan's participants and beneficiaries from
    such plant to a pension plan sponsored by the new contractor or the
    private corporation or a joint labor-management plan, as the case may
    be.
        (3) In addition to any obligations arising under the National Labor
    Relations Act (29 U.S.C. 151 et seq.), any employer (including the
    private corporation if it operates a gaseous diffusion plant without a
    contractor or any contractor of the private corporation) at a gaseous
    diffusion plant shall--
                (A) abide by the terms of any unexpired collective
            bargaining agreement covering employees in bargaining units at
            the plant and in effect on the privatization date until the
            stated expiration or termination date of the agreement; or
                (B) in the event a collective bargaining agreement is not
            in effect upon the privatization date, have the same bargaining
            obligations under section 8(d) of the National Labor Relations
            Act (29 U.S.C. 158(d)) as it had immediately before the
            privatization date.
        (4) If the private corporation replaces its operating contractor at
    a gaseous diffusion plant, the new employer (including the new
    contractor or the private corporation if it operates a gaseous
    diffusion plant without a contractor) shall--
                (A) offer employment to non-management employees of the
            predecessor contractor to the extent that their jobs still
            exist or they are qualified for new jobs, and
                (B) abide by the terms of the predecessor contractor's
            collective bargaining agreement until the agreement expires or
            a new agreement is signed.
        (5) In the event of a plant closing or mass layoff (as such terms
    are defined in section 2101(a) (2) and (3) of title 29, United States
    Code) at either of the gaseous diffusion plants, the Secretary of
    Energy shall treat any adversely affected employee of an operating
    contractor at either plant who was an employee at such plant on July 1,
    1993, as a Department of Energy employee for purposes of sections 3161
    and 3162 of the National Defense Authorization Act for Fiscal Year 1993
    (42 U.S.C. 7274h-7274i).
        (6)(A) The Secretary and the private corporation shall cause the
    post-retirement health benefits plan provider (or its successor) to
    continue to provide benefits for eligible persons, as described under
    subparagraph (B), employed by an operating contractor at either of the
    gaseous diffusion plants in an economically efficient manner and at
    substantially the same level of coverage as eligible retirees are
    entitled to receive on the privatization date.
        (B) Persons eligible for coverage under subparagraph (A) shall be
    limited to:
                (i) persons who retired from active employment at one of
            the gaseous diffusion plants on or before the privatization
            date as vested participants in a pension plan maintained either
            by the Corporation's operating contractor or by a contractor
            employed prior to July 1, 1993, by the Department of Energy to
            operate a gaseous diffusion plant; and
                (ii) persons who are employed by the Corporation's
            operating contractor on or before the privatization date and
            are vested participants in a pension plan maintained either by
            the Corporation's operating contractor or by a contractor
            employed prior to July 1, 1993, by the Department of Energy to
            operate a gaseous diffusion plant.
        (C) The Secretary shall fund the entire cost of post-retirement
    health benefits for persons who retired from employment with an
    operating contractor prior to July 1, 1993.
        (D) The Secretary and the Corporation shall fund the cost of post-
    retirement health benefits for persons who retire from employment with
    an operating contractor on or after July 1, 1993, in proportion to the
    retired person's years and months of service at a gaseous diffusion
    plant under their respective management.
        (7)(A) Any suit under this subsection alleging a violation of an
    agreement between an employer and a labor organization shall be brought
    in accordance with section 301 of the Labor Management Relations Act
    (29 U.S.C. 185).
        (B) Any charge under this subsection alleging an unfair labor
    practice violative of section 8 of the National Labor Relations Act (29
    U.S.C. 158) shall be pursued in accordance with section 10 of the
    National Labor Relations Act (29 U.S.C. 160).
        (C) Any suit alleging a violation of any provision of this
    subsection, to the extent it does not allege a violation of the
    National Labor Relations Act, may be brought in any district court of
    the United States having jurisdiction over the parties, without regard
    to the amount in controversy or the citizenship of the parties.
        (b) Former Federal Employees.--(1)(A) An employee of the
    Corporation that was subject to either the Civil Service Retirement
    System (referred to in this section as ``CSRS'') or the Federal
    Employees' Retirement System (referred to in this section as ``FERS'')
    on the day immediately preceding the privatization date shall elect--
                (i) to retain the employee's coverage under either CSRS or
            FERS, as applicable, in lieu of coverage by the Corporation's
            retirement system, or
                (ii) to receive a deferred annuity or lump-sum benefit
            payable to a terminated employee under CSRS or FERS, as
            applicable.
        (B) An employee that makes the election under subparagraph (A)(ii)
    shall have the option to transfer the balance in the employee's Thrift
    Savings Plan account to a defined contribution plan under the
    Corporation's retirement system, consistent with applicable law and the
    terms of the Corporation's defined contribution plan.
        (2) The Corporation shall pay to the Civil Service Retirement and
    Disability Fund--
                (A) such employee deductions and agency contributions as
            are required by sections 8334, 8422, and 8423 of title 5,
            United States Code, for those employees who elect to retain
            their coverage under either CSRS or FERS pursuant to paragraph
            (1);
                (B) such additional agency contributions as are determined
            necessary by the Office of Personnel Management to pay, in
            combination with the sums under subparagraph (A), the ``normal
            cost'' (determined using dynamic assumptions) of retirement
            benefits for those employees who elect to retain their coverage
            under CSRS pursuant to paragraph (1), with the concept of
            ``normal cost'' being used consistent with generally accepted
            actuarial standards and principles; and
                (C) such additional amounts, not to exceed two percent of
            the amounts under subparagraphs (A) and (B), as are determined
            necessary by the Office of Personnel Management to pay the cost
            of administering retirement benefits for employees who retire
            from the Corporation after the privatization date under either
            CSRS or FERS, for their survivors, and for survivors of
            employees of the Corporation who die after the privatization
            date (which amounts shall be available to the Office of
            Personnel Management as provided in section 8348(a)(1)(B) of
            title 5, United States Code).
        (3) The Corporation shall pay to the Thrift Savings Fund such
    employee and agency contributions as are required by section 8432 of
    title 5, United States Code, for those employees who elect to retain
    their coverage under FERS pursuant to paragraph (1).
        (4) Any employee of the Corporation who was subject to the Federal
    Employee Health Benefits Program (referred to in this section as
    ``FEHBP'') on the day immediately preceding the privatization date and
    who elects to retain coverage under either CSRS or FERS pursuant to
    paragraph (1) shall have the option to receive health benefits from a
    health benefit plan established by the Corporation or to continue
    without interruption coverage under the FEHBP, in lieu of coverage by
    the Corporation's health benefit system.
        (5) The Corporation shall pay to the Employees Health Benefits
    Fund--
                (A) such employee deductions and agency contributions as
            are required by section 8906 (a)-(f) of title 5, United States
            Code, for those employees who elect to retain their coverage
            under FEHBP pursuant to paragraph (4); and
                (B) such amounts as are determined necessary by the Office
            of Personnel Management under paragraph (6) to reimburse the
            Office of Personnel Management for contributions under section
            8906(g)(1) of title 5, United States Code, for those employees
            who elect to retain their coverage under FEHBP pursuant to
            paragraph (4).
        (6) The amounts required under paragraph (5)(B) shall pay the
    Government contributions for retired employees who retire from the
    Corporation after the privatization date under either CSRS or FERS, for
    survivors of such retired employees, and for survivors of employees of
    the Corporation who die after the privatization date, with said amounts
    prorated to reflect only that portion of the total service of such
    employees and retired persons that was performed for the Corporation
    after the privatization date.

    SEC. 411. OWNERSHIP LIMITATIONS.

        (a) Securities Limitations.--No director, officer, or employee of
    the Corporation may acquire any securities, or any rights to acquire
    any securities of the private corporation on terms more favorable than
    those offered to the general public--
                (1) in a public offering designed to transfer ownership of
            the Corporation to private investors,
                (2) pursuant to any agreement, arrangement, or
            understanding entered into before the privatization date, or
                (3) before the election of the directors of the private
            corporation.
        (b) Ownership Limitation.--Immediately following the consummation
    of the transaction or series of transactions pursuant to which 100
    percent of the ownership of the Corporation is transferred to private
    investors, and for a period of three years thereafter, no person may
    acquire, directly or indirectly, beneficial ownership of securities
    representing more than 10 percent of the total votes of all outstanding
    voting securities of the Corporation. The foregoing limitation shall
    not apply to--
                (1) any employee stock ownership plan of the Corporation,
                (2) members of the underwriting syndicate purchasing shares
            in stabilization transactions in connection with the
            privatization, or
                (3) in the case of shares beneficially held in the ordinary
            course of business for others, any commercial bank, broker-
            dealer, or clearing agency.

    SEC. 412. URANIUM TRANSFERS AND SALES.

        (a) Transfers and Sales by the Secretary.--The Secretary shall not
    provide enrichment services or transfer or sell any uranium (including
    natural uranium concentrates, natural uranium hexafluoride, or enriched
    uranium in any form) to any person except as consistent with this
    section.
        (b) Russian HEU.--(1) On or before December 31, 1996, the United
    States Executive Agent under the Russian HEU Agreement shall transfer
    to the Secretary without charge title to an amount of uranium
    hexafluoride equivalent to the natural uranium component of low-
    enriched uranium derived from at least 18 metric tons of highly
    enriched uranium purchased from the Russian Executive Agent under the
    Russian HEU Agreement. The quantity of such uranium hexafluoride
    delivered to the Secretary shall be based on a tails assay of 0.30
    U\235\. Uranium hexafluoride transferred to the Secretary pursuant to
    this paragraph shall be deemed under United States law for all purposes
    to be of Russian origin.
        (2) Within 7 years of the date of enactment of this Act, the
    Secretary shall sell, and receive payment for, the uranium hexafluoride
    transferred to the Secretary pursuant to paragraph (1). Such uranium
    hexafluoride shall be sold--
                (A) at any time for use in the United States for the
            purpose of overfeeding;
                (B) at any time for end use outside the United States;
                (C) in 1995 and 1996 to the Russian Executive Agent at the
            purchase price for use in matched sales pursuant to the
            Suspension Agreement; or,
                (D) in calendar year 2001 for consumption by end users in
            the United States not prior to January 1, 2002, in volumes not
            to exceed 3,000,000 pounds U<INF>3O<INF>8 equivalent per year.
        (3) With respect to all enriched uranium delivered to the United
    States Executive Agent under the Russian HEU Agreement on or after
    January 1, 1997, the United States Executive Agent shall, upon request
    of the Russian Executive Agent, enter into an agreement to deliver
    concurrently to the Russian Executive Agent an amount of uranium
    hexafluoride equivalent to the natural uranium component of such
    uranium. An agreement executed pursuant to a request of the Russian
    Executive Agent, as contemplated in this paragraph, may pertain to any
    deliveries due during any period remaining under the Russian HEU
    Agreement. The quantity of such uranium hexafluoride delivered to the
    Russian Executive Agent shall be based on a tails assay of 0.30 U\235\.
    Title to uranium hexafluoride delivered to the Russian Executive Agent
    pursuant to this paragraph shall transfer to the Russian Executive
    Agent upon delivery of such material to the Russian Executive Agent,
    with such delivery to take place at a North American facility
    designated by the Russian Executive Agent. Uranium hexafluoride
    delivered to the Russian Executive Agent pursuant to this paragraph
    shall be deemed under U.S. law for all purposes to be of Russian
    origin. Such uranium hexafluoride may be sold to any person or entity
    for delivery and use in the United States only as permitted in
    subsections (b)(5), (b)(6) and (b)(7) of this section.
        (4) In the event that the Russian Executive Agent does not exercise
    its right to enter into an agreement to take delivery of the natural
    uranium component of any low-enriched uranium, as contemplated in
    paragraph (3), within 90 days of the date such low-enriched uranium is
    delivered to the United States Executive Agent, or upon request of the
    Russian Executive Agent, then the United States Executive Agent shall
    engage an independent entity through a competitive selection process to
    auction an amount of uranium hexafluoride or U<INF>3O<INF>8 (in the
    event that the conversion component of such hexafluoride has previously
    been sold) equivalent to the natural uranium component of such low-
    enriched uranium. An agreement executed pursuant to a request of the
    Russian Executive Agent, as contemplated in this paragraph, may pertain
    to any deliveries due during any period remaining under the Russian HEU
    Agreement. Such independent entity shall sell such uranium hexafluoride
    in one or more lots to any person or entity to maximize the proceeds
    from such sales, for disposition consistent with the limitations set
    forth in this subsection. The independent entity shall pay to the
    Russian Executive Agent the proceeds of any such auction less all
    reasonable transaction and other administrative costs. The quantity of
    such uranium hexafluoride auctioned shall be based on a tails assay of
    0.30 U\235\. Title to uranium hexafluoride auctioned pursuant to this
    paragraph shall transfer to the buyer of such material upon delivery of
    such material to the buyer. Uranium hexafluoride auctioned pursuant to
    this paragraph shall be deemed under United States law for all purposes
    to be of Russian origin.
        (5) Except as provided in paragraphs (6) and (7), uranium
    hexafluoride delivered to the Russian Executive Agent under paragraph
    (3) or auctioned pursuant to paragraph (4), may not be delivered for
    consumption by end users in the United States either directly or
    indirectly prior to January 1, 1998, and thereafter only in accordance
    with the following schedule:

                     Annual Maximum Deliveries to End Users

                                              (millions lbs. U<INF>3O<INF>8
      Year:
                                                                equivalent)
            1998.........................................                2
            1999.........................................                4
            2000.........................................                6
            2001.........................................                8
            2002.........................................               10
            2003.........................................               12
            2004.........................................               14
            2005.........................................               16
            2006.........................................               17
            2007.........................................               18
            2008.........................................               19
            2009 and each year thereafter................               20.
        (6) Uranium hexafluoride delivered to the Russian Executive Agent
    under paragraph (3) or auctioned pursuant to paragraph (4) may be sold
    at any time as Russian-origin natural uranium in a matched sale
    pursuant to the Suspension Agreement, and in such case shall not be
    counted against the annual maximum deliveries set forth in paragraph
    (5).
        (7) Uranium hexafluoride delivered to the Russian Executive Agent
    under paragraph (3) or auctioned pursuant to paragraph (4) may be sold
    at any time for use in the United States for the purpose of overfeeding
    in the operations of enrichment facilities.
        (8) Nothing in this subsection (b) shall restrict the sale of the
    conversion component of such uranium hexafluoride.
        (9) The Secretary of Commerce shall have responsibility for the
    administration and enforcement of the limitations set forth in this
    subsection. The Secretary of Commerce may require any person to provide
    any certifications, information, or take any action that may be
    necessary to enforce these limitations. The United States Customs
    Service shall maintain and provide any information required by the
    Secretary of Commerce and shall take any action requested by the
    Secretary of Commerce which is necessary for the administration and
    enforcement of the uranium delivery limitations set forth in this
    section.
        (10) The President shall monitor the actions of the United States
    Executive Agent under the Russian HEU Agreement and shall report to the
    Congress not later than December 31 of each year on the effect the low-
    enriched uranium delivered under the Russian HEU Agreement is having on
    the domestic uranium mining, conversion, and enrichment industries, and
    the operation of the gaseous diffusion plants. Such report shall
    include a description of actions taken or proposed to be taken by the
    President to prevent or mitigate any material adverse impact on such
    industries or any loss of employment at the gaseous diffusion plants as
    a result of the Russian HEU Agreement.
        (c) Transfers to the Corporation.--(1) The Secretary shall transfer
    to the Corporation without charge up to 50 metric tons of enriched
    uranium and up to 7,000 metric tons of natural uranium from the
    Department of Energy's stockpile, subject to the restrictions in
    subsection (c)(2).
        (2) The Corporation shall not deliver for commercial end use in the
    United States--
                (A) any of the uranium transferred under this subsection
            before January 1, 1998;
                (B) more than 10 percent of the uranium (by uranium
            hexafluoride equivalent content) transferred under this
            subsection or more than 4,000,000 pounds, whichever is less, in
            any calendar year after 1997; or
                (C) more than 800,000 separative work units contained in
            low-enriched uranium transferred under this subsection in any
            calendar year.
        (d) Inventory Sales.--(1) In addition to the transfers authorized
    under subsections (c) and (e), the Secretary may, from time to time,
    sell natural and low-enriched uranium (including low-enriched uranium
    derived from highly enriched uranium) from the Department of Energy's
    stockpile.
        (2) Except as provided in subsections (b), (c), and (e), no sale or
    transfer of natural or low-enriched uranium shall be made unless--
                (A) the President determines that the material is not
            necessary for national security needs,
                (B) the Secretary determines that the sale of the material
            will not have an adverse material impact on the domestic
            uranium mining, conversion, or enrichment industry, taking into
            account the sales of uranium under the Russian HEU Agreement
            and the Suspension Agreement, and
                (C) the price paid to the Secretary will not be less than
            the fair market value of the material.
        (e) Government Transfers.--Notwithstanding subsection (d)(2), the
    Secretary may transfer or sell enriched uranium--
                (1) to a Federal agency if the material is transferred for
            the use of the receiving agency without any resale or transfer
            to another entity and the material does not meet commercial
            specifications;
                (2) to any person for national security purposes, as
            determined by the Secretary; or
                (3) to any State or local agency or nonprofit, charitable,
            or educational institution for use other than the generation of
            electricity for commercial use.
        (f) Savings Provision.--Nothing in this subchapter shall be read to
    modify the terms of the Russian HEU Agreement.

    SEC. 413. LOW-LEVEL WASTE.

        (a) Responsibility of DOE.--(1) The Secretary, at the request of
    the generator, shall accept for disposal low-level radioactive waste,
    including depleted uranium if it were ultimately determined to be low-
    level radioactive waste, generated by--
                (A) the Corporation as a result of the operations of the
            gaseous diffusion plants or as a result of the treatment of
            such wastes at a location other than the gaseous diffusion
            plants, or
                (B) any person licensed by the Nuclear Regulatory
            Commission to operate a uranium enrichment facility under
            sections 53, 63, and 193 of the Atomic Energy Act of 1954 (42
            U.S.C. 2073, 2093, and 2243).
        (2) Except as provided in paragraph (3), the generator shall
    reimburse the Secretary for the disposal of low-level radioactive waste
    pursuant to paragraph (1) in an amount equal to the Secretary's costs,
    including a pro rata share of any capital costs, but in no event more
    than an amount equal to that which would be charged by commercial,
    State, regional, or interstate compact entities for disposal of such
    waste.
        (3) In the event depleted uranium were ultimately determined to be
    low-level radioactive waste, the generator shall reimburse the
    Secretary for the disposal of depleted uranium pursuant to paragraph
    (1) in an amount equal to the Secretary's costs, including a pro rata
    share of any capital costs.
        (b) Agreements With Other Persons.--The generator may also enter
    into agreements for the disposal of low-level radioactive waste subject
    to subsection (a) with any person other than the Secretary that is
    authorized by applicable laws and regulations to dispose of such
    wastes.
        (c) State or Interstate Compacts.--Notwithstanding any other
    provision of law, no State or interstate compact shall be liable for
    the treatment, storage, or disposal of any low-level radioactive waste
    (including mixed waste) attributable to the operation, decontamination,
    and decommissioning of any uranium enrichment facility.

    SEC. 414. AVLIS.

        (a) Exclusive Right to Commercialize.--The Corporation shall have
    the exclusive commercial right to deploy and use any AVLIS patents,
    processes, and technical information owned or controlled by the
    Government, upon completion of a royalty agreement with the Secretary.
        (b) Transfer of Related Property to Corporation.--
                (1) In general.--To the extent requested by the Corporation
            and subject to the requirements of the Atomic Energy Act of
            1954 (42 U.S.C. 2011, et seq.), the President shall transfer
            without charge to the Corporation all of the right, title, or
            interest in and to property owned by the United States under
            control or custody of the Secretary that is directly related to
            and materially useful in the performance of the Corporation's
            purposes regarding AVLIS and alternative technologies for
            uranium enrichment, including--
                        (A) facilities, equipment, and materials for
                    research, development, and demonstration activities;
                    and
                        (B) all other facilities, equipment, materials,
                    processes, patents, technical information of any kind,
                    contracts, agreements, and leases.
                (2) Exception.--Facilities, real estate, improvements, and
            equipment related to the gaseous diffusion, and gas centrifuge,
            uranium enrichment programs of the Secretary shall not transfer
            under paragraph (1)(B).
                (3) Expiration of transfer authority.--The President's
            authority to transfer property under this subsection shall
            expire upon the privatization date.
        (c) Liability for Patent and Related Claims.--With respect to any
    right, title, or interest provided to the Corporation under subsection
    (a) or (b), the Corporation shall have sole liability for any payments
    made or awards under section 157 b. (3) of the Atomic Energy Act of
    1954 (42 U.S.C. 2187(b)(3)), or any settlements or judgments involving
    claims for alleged patent infringement. Any royalty agreement under
    subsection (a) of this section shall provide for a reduction of royalty
    payments to the Secretary to offset any payments, awards, settlements,
    or judgments under this subsection.

    SEC. 415. APPLICATION OF CERTAIN LAWS.

        (a) OSHA.--(1) As of the privatization date, the private
    corporation shall be subject to and comply with the Occupational Safety
    and Health Act of 1970 (29 U.S.C. 651 et seq.).
        (2) The Nuclear Regulatory Commission and the Occupational Safety
    and Health Administration shall, within 90 days after the date of
    enactment of this Act, enter into a memorandum of agreement to govern
    the exercise of their authority over occupational safety and health
    hazards at the gaseous diffusion plants, including inspection,
    investigation, enforcement, and rulemaking relating to such hazards.
        (b) Antitrust Laws.--For purposes of the antitrust laws, the
    performance by the private corporation of a ``matched import'' contract
    under the Suspension Agreement shall be considered to have occurred
    prior to the privatization date, if at the time of privatization, such
    contract had been agreed to by the parties in all material terms and
    confirmed by the Secretary of Commerce under the Suspension Agreement.
        (c) Energy Reorganization Act Requirements.--(1) The private
    corporation and its contractors and subcontractors shall be subject to
    the provisions of section 211 of the Energy Reorganization Act of 1974
    (42 U.S.C. 5851) to the same extent as an employer subject to such
    section.
        (2) With respect to the operation of the facilities leased by the
    private corporation, section 206 of the Energy Reorganization Act of
    1974 (42 U.S.C. 5846) shall apply to the directors and officers of the
    private corporation.

    SEC. 416. AMENDMENTS TO THE ATOMIC ENERGY ACT.

        (a) Repeal.--(1) Chapters 22 through 26 of the Atomic Energy Act of
    1954 (42 U.S.C. 2297-2297e-7) are repealed as of the privatization
    date.
        (2) The table of contents of such Act is amended as of the
    privatization date by striking the items referring to sections repealed
    by paragraph (1).
        (b) NRC Licensing.--(1) Section 11v. of the Atomic Energy Act of
    1954 (42 U.S.C. 2014v.) is amended by striking ``or the construction
    and operation of a uranium enrichment facility using Atomic Vapor Laser
    Isotope Separation technology''.
        (2) Section 193 of the Atomic Energy Act of 1954 (42 U.S.C. 2243)
    is amended by adding at the end the following:
        ``(f) Limitation.--No license or certificate of compliance may be
    issued to the United States Enrichment Corporation or its successor
    under this section or sections 53, 63, or 1701, if the Commission
    determines that--
                ``(1) the Corporation is owned, controlled, or dominated by
            an alien, a foreign corporation, or a foreign government; or
                ``(2) the issuance of such a license or certificate of
            compliance would be inimical to--
                        ``(A) the common defense and security of the United
                    States; or
                        ``(B) the maintenance of a reliable and economical
                    domestic source of enrichment services.''.
        (3) Section 1701(c)(2) of the Atomic Energy Act of 1954 (42 U.S.C.
    2297f(c)(2)) is amended to read as follows:
                ``(2) Periodic application for certificate of compliance.--
            The Corporation shall apply to the Nuclear Regulatory
            Commission for a certificate of compliance under paragraph (1)
            periodically, as determined by the Commission, but not less
            than every 5 years. The Commission shall review any such
            application and any determination made under subsection (b)(2)
            shall be based on the results of any such review.''.
        (4) Section 1702(a) of the Atomic Energy Act of 1954 (42 U.S.C.
    2297f-1(a)) is amended--
                (1) by striking ``other than'' and inserting ``including'',
            and
                (2) by striking ``sections 53 and 63'' and inserting
            ``sections 53, 63, and 193''.
        (c) Judicial Review of NRC Actions.--Section 189b. of the Atomic
    Energy Act of 1954 (42 U.S.C. 2239(b)) is amended to read as follows:
        ``b. The following Commission actions shall be subject to judicial
    review in the manner prescribed in chapter 158 of title 28, United
    States Code, and chapter 7 of title 5, United States Code:
                ``(1) Any final order entered in any proceeding of the kind
            specified in subsection (a).
                ``(2) Any final order allowing or prohibiting a facility to
            begin operating under a combined construction and operating
            license.
                ``(3) Any final order establishing by regulation standards
            to govern the Department of Energy's gaseous diffusion uranium
            enrichment plants, including any such facilities leased to a
            corporation established under the USEC Privatization Act.
                ``(4) Any final determination under section 1701(c)
            relating to whether the gaseous diffusion plants, including any
            such facilities leased to a corporation established under the
            USEC Privatization Act, are in compliance with the Commission's
            standards governing the gaseous diffusion plants and all
            applicable laws.''.
        (d) Civil Penalties.--Section 234 a. of the Atomic Energy Act of
    1954 (42 U.S.C. 2282(a) is amended by--
                (1) striking ``any licensing provision of section 53, 57,
            62, 63, 81, 82, 101, 103, 104, 107, or 109'' and inserting:
            ``any licensing or certification provision of section 53, 57,
            62, 63, 81, 82, 101, 103, 104, 107, 109, or 1701''; and
                (2) by striking ``any license issued thereunder'' and
            inserting: ``any license or certification issued thereunder''.
        (e) References to the Corporation.--Following the privatization
    date, all references in the Atomic Energy Act of 1954 to the United
    States Enrichment Corporation shall be deemed to be references to the
    private corporation.

    SEC. 417. AMENDMENTS TO OTHER LAWS.

        (a) Definition of Government Corporation.--As of the privatization
    date, section 9101(3) of title 31, United States Code, is amended by
    striking subparagraph (N) as added by section 902(b) of Public Law 102-
    486.
        (b) Definition of the Corporation.--Section 1018(1) of the Energy
    Policy Act of 1992 (42 U.S.C. 2296b-7(1) is amended by inserting ``or
    its successor'' before the period.

                   Subchapter E--Strategic Petroleum Reserve

    SEC. 431. SALE OF WEEKS ISLAND OIL.

        Notwithstanding section 161 of the Energy Policy and Conservation
    Act (42 U.S.C. 6241), the Secretary of Energy shall draw down and sell
    in fiscal year 1996, $292,000,000 worth of oil formerly contained in
    the Weeks Island Strategic Petroleum Reserve.

                                   CHAPTER 4

    DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND
                              INDEPENDENT AGENCIES

                         DEPARTMENT OF VETERANS AFFAIRS

                          Departmental Administration

                          construction, major projects

        In addition to funds provided elsewhere in this Act, $16,000,000,
    to remain available until expended: Provided, That notwithstanding any
    other provision of law, the Secretary of Veterans Affairs is authorized
    to carry out the design and construction of a medical research addition
    at the Department of Veterans Affairs Medical Center in Portland,
    Oregon in the amount of $32,100,000.

                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                                Housing Programs

                   annual contributions for assisted housing

        In addition to funds provided elsewhere in this Act, $200,000,000,
    to remain available until expended: Provided, That $150,000,000 of such
    sum shall be available for purposes authorized by section 202 of the
    Housing Act of 1959, and $50,000,000 shall be available for purposes
    authorized by section 811 of the Cranston-Gonzalez National Affordable
    Housing Act: Provided further, That all such sums shall be available
    only to provide for rental subsidy terms of a longer duration than
    would otherwise be permitted by this Act.

    public housing demolition, site revitalization, and replacement housing
                                     grants

        In addition to funds provided elsewhere in this Act, $120,000,000,
    to remain available until expended.

             payments for operation of low-income housing projects

        In addition to funds provided elsewhere in this Act, $50,000,000.

         management and administration departmental restructuring fund

        In addition to funds provided elsewhere in this Act, $20,000,000,
    to remain available until September 30, 1997, to facilitate the down-
    sizing, streamlining, and restructuring of the Department of Housing
    and Urban Development, and to reduce overall departmental staffing to
    7,500 full-time equivalents in fiscal year 2000: Provided, That such
    sum shall be available only for personnel training (including travel
    associated with such training), costs associated with the transfer of
    personnel from headquarters and regional offices to the field, and for
    necessary costs to acquire and upgrade information system
    infrastructure in support of Departmental field staff: Provided
    further, That not less than 60 days following enactment of this Act,
    the Secretary shall transmit to the Appropriations Committees of the
    Congress a report which specifies a plan and schedule for the
    utilization of these funds for personnel reductions and transfers in
    order to reduce headquarters on-board staffing levels to 3,100 by
    December 31, 1996, and 2,900 by October 1, 1997: Provided further, That
    by February 1, 1997 the Secretary shall certify to the Congress that
    headquarters on-board staffing levels did not exceed 3,100 on December
    31, 1996 and submit a report which details obligations and expenditures
    of funds made available hereunder: Provided further, That if the
    certification of headquarters personnel reductions required by this Act
    is not made by February 1, 1997, all remaining unobligated funds
    available under this paragraph shall be rescinded.

                   clarification of block grants in new york

        (a) All funds allocated for the State of New York for fiscal years
    1995, 1996, and all subsequent fiscal years, under the HOME investment
    partnerships program, as authorized under title II of the Cranston-
    Gonzalez National Affordable Housing Act (Public law 101-625) shall be
    made available to the Chief Executive Officer of the State, or an
    entity designated by the Chief Executive Officer, to be used for
    activities in accordance with the requirements of the HOME investment
    partnerships program, notwithstanding the Memorandum from the General
    Counsel of the Department of Housing and Urban Development dated March
    5, 1996.
        (b) The Secretary of Housing and Urban Development shall award
    funds made available for fiscal year 1996 for grants allocated for the
    State of New York for a community development grants program as
    authorized by title I of the Housing and Community Development Act of
    1974, as amended (42 U.S.C. 5301), in accordance with the requirements
    established under the Notice of Funding Availability for fiscal year
    1995 for the New York State Small Cities Community Development Block
    Grant Program.

                              INDEPENDENT AGENCIES

                        Environmental Protection Agency

                     environmental programs and management

        In addition to funds provided elsewhere in this Act, $12,000,000,
    to remain available until September 30, 1997.

                            buildings and facilities

        In addition to funds provided elsewhere in this Act, $50,000,000,
    to remain available until expended: Provided, That notwithstanding any
    other provision of law, EPA is authorized to establish and construct a
    consolidated research facility at Research Triangle Park, North
    Carolina, at a maximum total construction cost of $232,000,000, and to
    obligate such monies as are made available by this Act, and hereafter,
    for this purpose.

                       state and tribal assistance grants

        In addition to funds provided elsewhere in this Act, $100,000,000,
    to remain available until expended, for capitalization grants for State
    revolving funds to support water infrastructure financing: Provided,
    That of the funds made available by this paragraph, $50,000,000 shall
    be for drinking water State revolving funds, but if no drinking water
    State revolving fund legislation is enacted by June 1, 1996, these
    funds shall immediately be available for making capitalization grants
    under title VI of the Federal Water Pollution Control Act, as amended.

                 National Aeronautics and Space Administration

                       space, aeronautics and technology

        In addition to funds provided elsewhere in this Act, $83,000,000,
    to remain available until September 30, 1997.

                          National Science Foundation

                        research and related activities

        In addition to funds provided elsewhere in this Act, $40,000,000,
    to remain available until September 30, 1997.

                               GENERAL PROVISIONS

        Sec. 4001. No part of any appropriation contained in this title
    shall remain available for obligation beyond the current fiscal year
    unless expressly so provided herein.
        Sec. 4002. No part of any appropriation contained in this title
    shall be made available for obligation or expenditure, nor any
    authority granted herein be effective, until the enactment into law of
    a subsequent Act entitled ``An Act Incorporating an Agreement Between
    the President and Congress Relative to Federal Expenditures in Fiscal
    Year 1996 and Future Fiscal Years''.
        Sec. 4003. (a) This section may be cited as the ``Federal
    Prohibition of Female Genital Mutilation Act of 1996''.
        (b) Congress finds that--
                (1) the practice of female genital mutilation is carried
            out by members of certain cultural and religious groups within
            the United States;
                (2) the practice of female genital mutilation often results
            in the occurrence of physical and psychological health effects
            that harm the women involved;
                (3) such mutilation infringes upon the guarantees of rights
            secured by Federal and State law, both statutory and
            constitutional;
                (4) the unique circumstances surrounding the practice of
            female genital mutilation place it beyond the ability of any
            single State or local jurisdiction to control;
                (5) the practice of female genital mutilation can be
            prohibited without abridging the exercise of any rights
            guaranteed under the First Amendment to the Constitution or
            under any other law; and
                (6) Congress has the affirmative power under section 8 of
            article I of the Constitution, as well as under section 5 of
            the Fourteenth Amendment to the Constitution, to enact such
            legislation.
        (c) It is the purpose of this section to protect and promote the
    public safety and health and activities affecting interstate commerce
    by establishing Federal criminal penalties for the performance of
    female genital mutilation.
        (d)(1) Chapter 7 of title 18, United States Code, is amended by
    adding at the end the following new section:
    ``Sec. 116. Female genital mutilation
        ``(a) Except as provided in subsection (b), whoever knowingly
    circumcises, excises, or infibulates the whole or any part of the labia
    majora or labia minora or clitoris of another person who has not
    attained the age of 18 years shall be fined under this title or
    imprisoned not more than 5 years, or both.
        ``(b) A surgical operation is not a violation of this section if
    the operation is--
                ``(1) necessary to the health of the person on whom it is
            performed, and is performed by a person licensed in the place
            of its performance as a medical practitioner; or
                ``(2) performed on a person in labor or who has just given
            birth and is performed for medical purposes connected with that
            labor or birth by a person licensed in the place it is
            performed as a medical practitioner, midwife, or person in
            training to become such a practitioner or midwife.
        ``(c) In applying subsection (b)(1), no account shall be taken of
    the effect on the person on whom the operation is to be performed of
    any belief on the part of that or any other person that the operation
    is required as a matter of custom or ritual.
        ``(d) Whoever knowingly denies to any person medical care or
    services or otherwise discriminates against any person in the provision
    of medical care or services, because--
                ``(1) that person has undergone female circumcision,
            excision, or infibulation; or
                ``(2) that person has requested that female circumcision,
            excision, or infibulation be performed on any person;
    shall be fined under this title or imprisoned not more than one year,
    or both.''.
        (2) The table of sections at the beginning of chapter 7 of title
    18, United States Code, is amended by adding at the end the following
    new item:

    ``116. Female genital mutilation.''.
        (e)(1) The Secretary of Health and Human Services shall do the
    following:
                (A) Compile data on the number of females living in the
            United States who have been subjected to female genital
            mutilation (whether in the United States or in their countries
            of origin), including a specification of the number of girls
            under the age of 18 who have been subjected to such mutilation.
                (B) Identify communities in the United States that practice
            female genital mutilation, and design and carry out outreach
            activities to educate individuals in the communities on the
            physical and psychological health effects of such practice.
            Such outreach activities shall be designed and implemented in
            collaboration with representatives of the ethnic groups
            practicing such mutilation and with representatives of
            organizations with expertise in preventing such practice.
                (C) Develop recommendations for the education of students
            of schools of medicine and osteopathic medicine regarding
            female genital mutilation and complications arising from such
            mutilation. Such recommendations shall be disseminated to such
            schools.
        (2) For purposes of this subsection, the term ``female genital
    mutilation'' means the removal or infibulation (or both) of the whole
    or part of the clitoris, the labia minor, or the labia major.
        (f) Subsection (e) shall take effect on the date of enactment of
    this Act, and the Secretary of Health and Human Services shall commence
    carrying out such section not later than 90 days after the date of the
    enactment of this Act. Subsection (d) shall take effect on the date
    that is 180 days after the date of the enactment of this Act.
        This title may be cited as the ``Contingency Appropriations Act,
    1996''.

                       TITLE V--ENVIRONMENTAL INITIATIVES

       CHAPTER 1--DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN
                     DEVELOPMENT, AND INDEPENDENT AGENCIES

                               Independent Agency

                        environmental protection agency

                     environmental programs and management

        In addition to funds provided elsewhere in this Act, $75,000,000,
    to remain available until September 30, 1997.

                            buildings and facilities

        In addition to funds provided elsewhere in this Act, $50,000,000,
    to remain available until expended, for the construction of a
    consolidated research facility at Research Triangle Park, North
    Carolina: Provided, That pursuant to the provisions of section 7(a) of
    the Public Buildings Act of 1959 (40 U.S.C. 606(a)), that no funds
    shall be made available for construction of such project prior to April
    19, 1996, unless such project is approved by resolutions of the Senate
    Committee on Environment and Public Works and the House Committee on
    Transportation and Infrastructure, respectively: Provided further, That
    in no case shall funds be made available for construction of such
    project if prior to April 19, 1996, the project has been disapproved by
    either the Senate Committee on Environment and Public Works or the
    House Committee on Transportation and Infrastructure: Provided further,
    That notwithstanding any other provision of this Act, the paragraph
    under this heading in chapter 4 of title IV of this Act shall not
    become effective.

                       state and tribal assistance grants

        In addition to funds provided elsewhere in this Act, $200,000,000,
    to remain available until expended, for capitalization grants for State
    revolving funds to support water infrastructure financing: Provided,
    That of the funds made available by this paragraph, $125,000,000 shall
    be for drinking water State revolving funds, but if no drinking water
    State revolving fund legislation is enacted by June 1, 1996, these
    funds shall immediately be available for making capitalization grants
    under title VI of the Federal Water Pollution Control Act, as amended.

                         hazardous substance superfund

        In addition to funds provided elsewhere in this Act, $50,000,000,
    to remain available until expended.

                               General Provisions

        Sec. 5001. Notwithstanding any other provision of this Act, amounts
    provided in title IV of this Act for the Environmental Protection
    Agency, with the exception of amounts appropriated under the heading
    ``buildings and facilities'', shall become available immediately upon
    enactment of this Act.

                 Corporation for National and Community Service

                    national and community service programs

                               operating expenses

                         (including transfer of funds)

        For necessary expenses for the Corporation for National and
    Community Service (referred to in the matter under this heading as the
    ``Corporation'') in carrying out programs, activities, and initiatives
    under the National and Community Service Act of 1990 (referred to in
    the matter under this heading as the ``Act'') (42 U.S.C. 12501 et
    seq.), $400,500,000, of which $265,000,000 shall be available for
    obligation from September 1, 1996, through September 30, 1997:
    Provided, That not more than $25,000,000 shall be available for
    administrative expenses authorized under section 501(a)(4) of the Act
    (42 U.S.C. 12671(a)(4)): Provided further, That not more than $2,500
    shall be for official reception and representation expenses: Provided
    further, That not more than $59,000,000, to remain available without
    fiscal year limitation, shall be transferred to the National Service
    Trust account for educational awards authorized under subtitle D of
    title I of the Act (42 U.S.C. 12601 et seq.): Provided further, That
    not more than $215,000,000 of the amount provided under this heading
    shall be available for grants under the National Service Trust program
    authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
    seq.) (relating to activities including the Americorps program), of
    which not more than $40,000,000 may be used to administer, reimburse or
    support any national service program authorized under section 121(d)(2)
    of such Act (42 U.S.C. 12581(d)(2)): Provided further, That not more
    than $5,500,000 of the funds made available under this heading shall be
    made available for the Points of Light Foundation for activities
    authorized under title III of the Act (42 U.S.C. 12661 et seq.):
    Provided further, That no funds shall be available for national service
    programs run by Federal agencies authorized under section 121(b) of
    such Act (42 U.S.C. 12581(b)): Provided further, That, to the maximum
    extent feasible, funds appropriated in the preceding proviso shall be
    provided in a manner that is consistent with the recommendations of
    peer review panels in order to ensure that priority is given to
    programs that demonstrate quality, innovation, replicability, and
    sustainability: Provided further, That not more than $18,000,000 of the
    funds made available under this heading shall be available for the
    Civilian Community Corps authorized under subtitle E of title I of the
    Act (42 U.S.C. 12611 et seq.): Provided further, That not more than
    $43,000,000 shall be available for school-based and community-based
    service-learning programs authorized under subtitle B of title I of the
    Act (41 U.S.C. 12521 et seq.): Provided further, That not more than
    $30,000,000 shall be available for quality and innovation activities
    authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et
    seq.): Provided further, That not more than $5,000,000 shall be
    available for audits and other evaluations authorized under section 179
    of the Act (42 U.S.C. 12639), of which up to $500,000 shall be
    available for a study by the National Academy of Public Administration
    on the structure, organization, and management of the Corporation and
    activities supported by the Corporation, including an assessment of the
    quality, innovation, replicability, and sustainability without Federal
    funds of such activities, and the Federal and non-Federal cost of
    supporting participants in community service activities: Provided
    further, That no funds from any other appropriation, or from funds
    otherwise made available to the Corporation, shall be used to pay for
    personnel compensation and benefits, travel, or any other
    administrative expense for the Board of Directors, the Office of the
    Chief Executive Officer, the Office of the Managing Director, the
    Office of the Chief Financial Officer, the Office of National and
    Community Service Programs, the Civilian Community Corps, or any field
    office or staff of the Corporation working on the National and
    Community Service or Civilian Community Corps programs: Provided
    further, That to the maximum extent practicable, the Corporation shall
    increase significantly the level of matching funds and in-kind
    contributions provided by the private sector, shall expand
    significantly the number of educational awards provided under subtitle
    D of title I, and shall reduce the total Federal cost per participant
    in all programs: Provided further, That prior to September 30, 1996,
    the General Accounting Office shall report to the Congress the results
    of a study of State commission programs which evaluates the cost per
    participant, the commissions' ability to oversee the programs, and
    other relevant considerations: Provided further, That the matter under
    this heading in title I of this Act shall not be effective.

                               sense of congress

        It is the sense of the Congress that accounting for taxpayers'
    funds must be a top priority for all Federal agencies and Government
    corporations. The Congress is deeply concerned about the findings of
    the recent audit of the Corporation for National and Community Service
    required under the Government Corporation Control Act of 1945. The
    Congress urges the President to expeditiously nominate a qualified
    Chief Financial Officer for the Corporation. Further, to the maximum
    extent practicable and as quickly as possible, the Corporation should
    implement the recommendations of the independent auditors contracted
    for by the Corporation's Inspector General, as well as the Chief
    Financial Officer, to improve the financial management of taxpayers'
    funds. Should the Chief Financial Officer determine that additional
    resources are needed to implement these recommendations, the
    Corporation should submit a reprogramming proposal for up to $3,000,000
    to carry out reforms of the financial management system.

                               funding adjustment

        The total amount appropriated under the heading ``Department of
    Housing and Urban Development, Housing Programs, Annual contribution
    for assisted housing'', in title I of this Act is reduced by
    $17,000,000, and the amount otherwise made available under said heading
    for section 8 assistance and rehabilitation grants for property
    disposition is reduced to $192,000,000.

                          CHAPTER 2--SPENDING OFFSETS

                         Subchapter A--Debt Collection

    SEC. 5101. SHORT TITLE.

        This subchapter may be cited as the ``Debt Collection Improvement
    Act of 1996''.

    SEC. 5102. EFFECTIVE DATE.

        Except as otherwise provided in this subchapter, the provisions of
    this subchapter and the amendments made by this subchapter shall be
    effective on the date of enactment of this Act.

                  PART I--GENERAL DEBT COLLECTION INITIATIVES

                      Subpart A--General Offset Authority

    SEC. 5201. ENHANCEMENT OF ADMINISTRATIVE OFFSET AUTHORITY.

        (a) Section 3701(c) of title 31, United States Code, is amended to
    read as follows:
        ``(c) In sections 3716 and 3717 of this title, the term `person'
    does not include an agency of the United States Government, or of a
    unit of general local government.''.
        (b) Section 3716 of title 31, United States Code, is amended--
                (1) by amending subsection (b) to read as follows:
        ``(b) Before collecting a claim by administrative offset, the head
    of an executive, legislative, or judicial agency must either--
                ``(1) adopt regulations on collecting by administrative
            offset promulgated by the Department of Justice, the General
            Accounting Office and/or the Department of the Treasury without
            change; or
                ``(2) prescribe independent regulations on collecting by
            administrative offset consistent with the regulations
            promulgated under paragraph (1).'';
                (2) by amending subsection (c)(2) to read as follows:
                ``(2) when a statute explicitly prohibits using
            administrative `offset' or `setoff' to collect the claim or
            type of claim involved.'';
                (3) by redesignating subsection (c) as subsection (d); and
                (4) by inserting after subsection (b) the following new
            subsection:
        ``(c)(1)(A) Except as provided in subparagraph (B) or (C), a
    disbursing official of the Department of the Treasury, the Department
    of Defense, the United States Postal Service, or any disbursing
    official of the United States designated by the Secretary of the
    Treasury, is authorized to offset the amount of a payment which a
    payment certifying agency has certified to the disbursing official for
    disbursement by an amount equal to the amount of a claim which a
    creditor agency has certified to the Secretary of the Treasury pursuant
    to this subsection.
        ``(B) An agency that designates disbursing officials pursuant to
    section 3321(c) of this title is not required to certify claims arising
    out of its operations to the Secretary of the Treasury before such
    agency's disbursing officials offset such claims.
        ``(C) Payments certified by the Department of Education under a
    program administered by the Secretary of Education under title IV of
    the Higher Education Act of 1965, as amended, shall not be subject to
    offset under this subsection.
        ``(2) Neither the disbursing official nor the payment certifying
    agency shall be liable--
                ``(A) for the amount of the offset on the basis that the
            underlying obligation, represented by the payment before the
            offset was taken, was not satisfied; or
                ``(B) for failure to provide timely notice under paragraph
            (8).
        ``(3)(A) Notwithstanding any other provision of law (including
    sections 207 and 1631(d)(1) of the Act of August 14, 1935 (42 U.S.C.
    407 and 1383(d)(1)), section 413(b) of Public Law 91-173 (30 U.S.C.
    923(b)), and section 14 of the Act of August 29, 1935 (45 U.S.C.
    231m)), all payments due under the Social Security Act, Part B of the
    Black Lung Benefits Act, or under any law administered by the Railroad
    Retirement Board shall be subject to offset under this section.
        ``(B) An amount of $10,000 which a debtor may receive under Federal
    benefit programs cited under subparagraph (A) within a 12-month period
    shall be exempt from offset under this subsection. In applying the
    $10,000 exemption, the disbursing official shall--
                ``(i) apply a prorated amount of the exemption to each
            periodic benefit payment to be made to the debtor during the
            applicable 12-month period; and
                ``(ii) consider all benefit payments made during the
            applicable 12-month period which are exempt from offset under
            this subsection as part of the $10,000 exemption.
    For purposes of the preceding sentence, the amount of a periodic
    benefit payment shall be the amount after any reduction or deduction
    required under the laws authorizing the program under which such
    payment is authorized to be made (including any reduction or deduction
    to recover any overpayment under such program).
        ``(C) The Secretary of the Treasury shall exempt means-tested
    programs when notified by the head of the respective agency. The
    Secretary may exempt other payments from offset under this subsection
    upon the written request of the head of a payment certifying agency. A
    written request for exemption of other payments must provide
    justification for the exemption under thestandards prescribed by the
    Secretary. Such standards shall give due consideration to whether
    offset would tend to interfere substantially with or defeat the
    purposes of the payment certifying agency's program.
        ``(D) The provisions of sections 205(b)(1) and 1631(c)(1) of the
    Social Security Act shall not apply to any offset executed pursuant to
    this section against benefits authorized by either title II or title
    XVI of the Social Security Act.
        ``(4) The Secretary of the Treasury is authorized to charge a fee
    sufficient to cover the full cost of implementing this subsection. The
    fee may be collected either by the retention of a portion of amounts
    collected pursuant to this subsection, or by billing the agency
    referring or transferring the claim. Fees charged to the agencies shall
    be based only on actual offsets completed. Fees charged under this
    subsection concerning delinquent claims may be considered as costs
    pursuant to section 3717(e) of this title. Fees charged under this
    subsection shall be deposited into the `Account' determined by the
    Secretary of the Treasury in accordance with section 3711(g) of this
    title, and shall be collected and accounted for in accordance with the
    provisions of that section.
        ``(5) The Secretary of the Treasury may disclose to a creditor
    agency the current address of any payee and any data related to
    certifying and authorizing such payment in accordance with section 552a
    of title 5, United States Code, even when the payment has been exempt
    from offset. Where payments are made electronically, the Secretary is
    authorized to obtain the current address of the debtor/payee from the
    institution receiving the payment. Upon request by the Secretary, the
    institution receiving the payment shall report the current address of
    the debtor/payee to the Secretary.
        ``(6) The Secretary of the Treasury is authorized to prescribe such
    rules, regulations, and procedures as the Secretary of the Treasury
    deems necessary to carry out the purposes of this subsection. The
    Secretary shall consult with the heads of affected agencies in the
    development of such rules, regulations, and procedures.
        ``(7)(A) Any Federal agency that is owed by a named person a past-
    due legally enforceable non-tax debt that is over 180 days delinquent
    (other than any past-due support), including non-tax debt administered
    by a third party acting as an agent for the Federal Government, shall
    notify the Secretary of the Treasury of all such non-tax debts for
    purposes of offset under this subsection.
        ``(B) An agency may delay notification under subparagraph (A) with
    respect to a debt that is secured by bond or other instruments in lieu
    of bond, or for which there is another specific repayment source, in
    order to allow sufficient time to either collect the debt through
    normal collection processes (including collection by internal
    administrative offset) or render a final decision on any protest filed
    against the claim.
        ``(8) The disbursing official conducting the offset shall notify
    the payee in writing of--
                ``(A) the occurrence of an offset to satisfy a past-due
            legally enforceable debt, including a description of the type
            and amount of the payment otherwise payable to the debtor
            against which the offset was executed;
                ``(B) the identity of the creditor agency requesting the
            offset; and
                ``(C) a contact point within the creditor agency that will
            handle concerns regarding the offset.''.
    Where the payment to be offset is a periodic benefit payment, the
    disbursing official shall take reasonable steps, as determined by the
    Secretary of the Treasury, to provide the notice to the payee not later
    than the date on which the payee is otherwise scheduled to receive the
    payment, or as soon as practical thereafter, but no later than the date
    of the offset. Notwithstanding the preceding sentence, the failure of
    the debtor to receive such notice shall not impair the legality of such
    offset.
        ``(9) A levy pursuant to the Internal Revenue Code of 1986 shall
    take precedence over requests for offset received from other
    agencies.''.
        (c) Section 3701(a) of title 31, United States Code, is amended by
    adding at the end the following new paragraph:
                ``(8) `non-tax claim' means any claim from any agency of
            the Federal Government other than a claim by the Internal
            Revenue Service under the Internal Revenue Code of 1986.''.

    SEC. 5202. HOUSE OF REPRESENTATIVES AS LEGISLATIVE AGENCY.

        (a) Section 3701 of title 31, United States Code, is amended by
    adding at the end the following new subsections:
        ``(e) For purposes of subchapters I and II of chapter 37 of title
    31, United States Code (relating to claims of or against United States
    Government), the United States House of Representatives shall be
    considered to be a legislative agency (as defined in section 3701(a)(4)
    of such title), and the Clerk of the House of Representatives shall be
    deemed to be the head of such legislative agency.
        ``(f) Regulations prescribed by the Clerk of the House of
    Representatives pursuant to section 3716 of title 31, United States
    Code, shall not become effective until they are approved by the
    Committee on Rules of the House of Representatives.''.

    SEC. 5203. EXEMPTION FROM COMPUTER MATCHING REQUIREMENTS UNDER THE
                  PRIVACY ACT OF 1974.

        Section 552a(a) of title 5, United States Code, is amended in
    paragraph (8)(B)--
                (1) by striking ``or'' at the end of clause (vi);
                (2) by inserting ``or'' at the end of clause (vii); and
                (3) by adding after clause (vii) the following new clause:
                                ``(viii) matches for administrative offset
                            or claims collection pursuant to subsection
                            3716(c) of title 31, section 5514 of this
                            title, or any other payment intercept or offset
                            program authorized by statute;''.

    SEC. 5204. TECHNICAL AND CONFORMING AMENDMENTS.

        (a) Title 31, United States Code, is amended--
                (1) in section 3322(a), by inserting ``section 3716 and
            section 3720A of this title, section 6331 of title 26, and''
            after ``Except as provided in'';
                (2) in section 3325(a)(3), by inserting ``or pursuant to
            payment intercepts or offsets pursuant to section 3716 or
            3720A, or pursuant to levies executed under section 6331 of the
            Internal Revenue Code of 1986 (26 U.S.C. 6331),'' after
            ``voucher''; and
                (3) in sections 3711, 3716, 3717, and 3718, by striking
            ``the head of an executive or legislative agency'' each place
            it appears and inserting instead ``the head of an executive,
            judicial, or legislative agency''.
        (b) Subsection 6103(l)(10) of title 26, United States Code, is
    amended--
                (1) in subparagraph (A), by inserting ``and to officers and
            employees of the Department of the Treasury in connection with
            such reduction'' adding after ``6402''; and
                (2) in subparagraph (B), by adding ``and to officers and
            employees of the Department of the Treasury in connection with
            such reduction'' after ``agency''.

                       Subpart B--Salary Offset Authority

    SEC. 5221. ENHANCEMENT OF SALARY OFFSET AUTHORITY.

        Section 5514 of title 5, United States Code, is amended--
                (1) in subsection (a)--
                        (A) by adding at the end of paragraph (1) the
                    following: ``All Federal agencies to which debts are
                    owed and are delinquent in repayment, shall participate
                    in a computer match at least annually of their
                    delinquent debt records with records of Federal
                    employees to identify those employees who are
                    delinquent in repayment of those debts. Matched Federal
                    employee records shall include, but shall not be
                    limited to, active Civil Service employees government-
                    wide, military active duty personnel, military
                    reservists, United States Postal Service employees, and
                    records of seasonal and temporary employees. The
                    Secretary of the Treasury shall establish and maintain
                    an interagency consortium to implement centralized
                    salary offset computer matching, and promulgate
                    regulations for this program. Agencies that perform
                    centralized salary offset computer matching services
                    under this subsection are authorized to charge a fee
                    sufficient to cover the full cost for such services.'';
                        (B) by redesignating paragraphs (3) and (4) as
                    paragraphs (4) and (5), respectively;
                        (C) by inserting after paragraph (2) the following
                    new paragraph:
                ``(3) The provisions of paragraph (2) shall not apply to
            routine intra-agency adjustments of pay that are attributable
            to clerical or administrative errors or delays in processing
            pay documents that have occurred within the four pay periods
            preceding the adjustment and to any adjustment that amounts to
            $50 or less, provided that at the time of such adjustment, or
            as soon thereafter as practical, the individual is provided
            written notice of the nature and the amount of the adjustment
            and a point of contact for contesting such adjustment.''; and
                        (D) by amending paragraph (5)(B) (as redesignated)
                    to read as follows:
                        ``(B) For purposes of this section `agency'
                    includes executive departments and agencies, the United
                    States Postal Service, the Postal Rate Commission, the
                    United States Senate, the United States House of
                    Representatives, and any court, court administrative
                    office, or instrumentality in the judicial or
                    legislative branches of government, and government
                    corporations.'';
                (2) by adding at the end of subsection (b) the following
            new paragraphs:
                ``(3) For purposes of this section, the Clerk of the House
            of Representatives shall be deemed to be the head of the
            agency. Regulations prescribed by the Clerk of the House of
            Representatives pursuant to subsection (b)(1) shall be subject
            to the approval of the Committee on Rules of the House of
            Representatives.
                ``(4) For purposes of this section, the Secretary of the
            Senate shall be deemed to be the head of the agency.
            Regulations prescribed by the Secretary of the Senate pursuant
            to subsection (b)(1) shall be subject to the approval of the
            Committee on Rules and Administration of the Senate.''; and
                (3) by adding after subsection (c) the following new
            subsection:
        ``(d) A levy pursuant to the Internal Revenue Code of 1986 shall
    take precedence over requests for offset received from other
    agencies.''.

                    Subpart C--Taxpayer Identifying Numbers

    SEC. 5231. ACCESS TO TAXPAYER IDENTIFYING NUMBERS; BARRING DELINQUENT
                  DEBTORS FROM CREDIT ASSISTANCE.

        Section 4 of the Debt Collection Act of 1982 (Public Law 97-365, 96
    Stat. 1749, 26 U.S.C. 6103 note) is amended--
                (1) in subsection (b), by striking ``For purposes of this
            section'' and inserting instead ``For purposes of subsection
            (a)''; and
                (2) by adding at the end thereof the following new
            subsections:
        ``(c) Federal Agencies.--Each Federal agency shall require each
    person doing business with that agency to furnish to that agency such
    person's taxpayer identifying number.
                ``(1) For purposes of this subsection, a person is
            considered to be `doing business' with a Federal agency if the
            person is--
                        ``(A) a lender or servicer in a Federal guaranteed
                    or insured loan program;
                        ``(B) an applicant for, or recipient of--
                                ``(i) a Federal guaranteed, insured, or
                            direct loan; or
                                ``(ii) a Federal license, permit, right-of-
                            way, grant, benefit payment or insurance;
                        ``(C) a contractor of the agency;
                        ``(D) assessed a fine, fee, royalty or penalty by
                    that agency;
                        ``(E) in a relationship with a Federal agency that
                    may give rise to a receivable due to that agency, such
                    as a partner of a borrower in or a guarantor of a
                    Federal direct or insured loan; and
                        ``(F) is a joint holder of any account to which
                    Federal benefit payments are transferred
                    electronically.
                ``(2) Each agency shall disclose to the person required to
            furnish a taxpayer identifying number under this subsection its
            intent to use such number for purposes of collecting and
            reporting on any delinquent amounts arising out of such
            persons's relationship with the government.
                ``(3) For purposes of this subsection:
                        ``(A) The term `taxpayer identifying number' has
                    the meaning given such term in section 6109 of title
                    26, United States Code.
                        ``(B) The term `person' means an individual, sole
                    proprietorship, partnership, corporation, nonprofit
                    organization, or any other form of business
                    association, but with the exception of debtors owing
                    claims resulting from petroleum pricing violations does
                    not include debtors under third party claims of the
                    United States.
        ``(d) Access to Social Security Numbers.--Notwithstanding section
    552a of title 5, United States Code, creditor agencies to which a
    delinquent claim is owed, and their agents, may match their debtor
    records with the Social Security Administration records to verify name,
    name control, Social Security number, address, and date of birth.''.

    SEC. 5232. BARRING DELINQUENT FEDERAL DEBTORS FROM OBTAINING FEDERAL
                  LOANS OR LOAN GUARANTEES.

        (a) Title 31, United States Code, is amended by adding after
    section 3720A the following new section:
    ``Sec. 3720B. Barring delinquent Federal debtors from obtaining Federal
                  loans or loan guarantees
        ``(a) Unless waived by the head of the agency, no person may obtain
    any Federal financial assistance in the form of a loan or a loan
    guarantee if such person has an outstanding Federal non-tax debt which
    is in a delinquent status, as determined under the standards prescribed
    by the Secretary of the Treasury, with a Federal agency. Any such
    person may obtain additional Federal financial assistance only after
    such delinquency is resolved, pursuant to these standards. This section
    shall not apply to loans or loan guarantees where a statute
    specifically permits extension of Federal financial assistance to
    borrowers in delinquent status.
        ``(b) The head of the agency may delegate the waiver authority
    described in subsection (a) to the Chief Financial Officer of the
    agency. The waiver authority may be redelegated only to the Deputy
    Chief Financial Officer of the agency.
        ``(c) For purposes of this section, `person' means an individual;
    or sole proprietorship, partnership, corporation, non-profit
    organization, or any other form of business association.''.
        (b) The table of sections for subchapter II of chapter 37 of title
    31, United States Code, is amended by inserting after the item relating
    to section 3720A the following new item:

    ``3720B. Barring delinquent Federal debtors from obtaining Federal
                                loans or loan guarantees.''.

     Subpart D--Expanding Collection Authorities and Governmentwide Cross-
                                   Servicing

    SEC. 5241. EXPANDING COLLECTION AUTHORITIES UNDER THE DEBT COLLECTION
                  ACT OF 1982.

        (a) Subsection 8(e) of the Debt Collection Act of 1982 (Public Law
    97-365, 31 U.S.C. 3701(d) and 5 U.S.C. 5514 note) is repealed.
        (b) Section 5 of the Social Security Domestic Employment Reform Act
    of 1994 (Public Law 103-387) is repealed.
        (c) Section 631 of the Tariff Act of 1930 (19 U.S.C. 1631), is
    repealed.
        (d) Title 31, United States Code, is amended--
                (1) in section 3701--
                        (A) by amending subsection (a)(4) to read as
                    follows:
                ``(4) `executive, judicial or legislative agency' means a
            department, military department, agency, court, court
            administrative office, or instrumentality in the executive,
            judicial or legislative branches of government, including
            government corporations.''; and
                        (B) by inserting after subsection (c) the following
                    new subsection:
        ``(d) Sections 3711(f) and 3716-3719 of this title do not apply to
    a claim or debt under, or to an amount payable under, the Internal
    Revenue Code of 1986.'';
                (2) by amending section 3711(f) to read as follows:
        ``(f)(1) When trying to collect a claim of the Government, the head
    of an executive or legislative agency may disclose to a consumer
    reporting agency information from a system of records that an
    individual is responsible for a claim if notice required by section
    552a(e)(4) of title 5, United States Code, indicates that information
    in the system may be disclosed to a consumer reporting agency.
        ``(2) The information disclosed to a consumer reporting agency
    shall be limited to--
                ``(A) information necessary to establish the identity of
            the individual, including name, address and taxpayer
            identifying number;
                ``(B) the amount, status, and history of the claim; and
                ``(C) the agency or program under which the claim arose.'';
            and
                (3) in section 3718--
                        (A) in subsection (a), by striking the first
                    sentence and inserting instead the following: ``Under
                    conditions the head of an executive, legislative or
                    judicial agency considers appropriate, the head of an
                    agency may make a contract with a person for collection
                    service to recover indebtedness owed, or to locate or
                    recover assets of, the United States Government. No
                    head of an agency may enter into a contract to locate
                    or recover assets of the United States held by a State
                    government or financial institution unless that agency
                    has established procedures approved by the Secretary of
                    the Treasury to identify and recover such assets.'';
                    and
                        (B) in subsection (d), by inserting ``, or to
                    locate or recover assets of,'' after ``owed''.

    SEC. 5242. GOVERNMENTWIDE CROSS-SERVICING.

        Section 3711 of title 31, United States Code, is amended by adding
    at the end the following new subsection:
        ``(g)(1) At the discretion of the head of an executive, judicial or
    legislative agency, referral of a non-tax claim may be made to any
    executive department or agency operating a debt collection center for
    servicing and collection in accordance with an agreement entered into
    under paragraph (2). Referral or transfer of a claim may also be made
    to the Secretary of the Treasury for servicing, collection, compromise,
    and/or suspension or termination of collection action. Non-tax claims
    referred or transferred under this section shall be serviced,
    collected, compromised, and/or collection action suspended or
    terminated in accordance with existing statutory requirements and
    authorities.
        ``(2) Executive departments and agencies operating debt collection
    centers are authorized to enter into agreements with the heads of
    executive, judicial, or legislative agencies to service and/or collect
    non-tax claims referred or transferred under this subsection. The heads
    of other executive departments and agencies are authorized to enter
    into agreements with the Secretary of the Treasury for servicing or
    collection of referred or transferred non-tax claims or other Federal
    agencies operating debt collection centers to obtain debt collection
    services from those agencies.
        ``(3) Any agency to which non-tax claims are referred or
    transferred under this subsection is authorized to charge a fee
    sufficient to cover the full cost of implementing this subsection. The
    agency transferring or referring the non-tax claim shall be charged the
    fee, and the agency charging the fee shall collect such fee by
    retaining the amount of the fee from amounts collected pursuant to this
    subsection. Agencies may agree to pay through a different method, or to
    fund the activity from another account or from revenue received from
    Section 701. Amounts charged under this subsection concerning
    delinquent claims may be considered as costs pursuant to section
    3717(e) of this title.
        ``(4) Notwithstanding any other law concerning the depositing and
    collection of Federal payments, including section 3302(b) of this
    title, agencies collecting fees may retain the fees from amounts
    collected. Any fee charged pursuant to this subsection shall be
    deposited into an account to be determined by the executive department
    or agency operating the debt collection center charging the fee
    (hereafter referred to in this section as the `Account'). Amounts
    deposited in the Account shall be available until expended to cover
    costs associated with the implementation and operation of government-
    wide debt collection activities. Costs properly chargeable to the
    Account include, but are not limited to--
                ``(A) the costs of computer hardware and software, word
            processing and telecommunications equipment, other equipment,
            supplies, and furniture;
                ``(B) personnel training and travel costs;
                ``(C) other personnel and administrative costs;
                ``(D) the costs of any contract for identification,
            billing, or collection services; and
                ``(E) reasonable costs incurred by the Secretary of the
            Treasury, including but not limited to, services and utilities
            provided by the Secretary, and administration of the Account.
        ``(5) Not later than January 1 of each year, there shall be
    deposited into the Treasury as miscellaneous receipts, an amount equal
    to the amount of unobligated balances remaining in the Account at the
    close of business on September 30 of the preceding year minus any part
    of such balance that the executive department or agency operating the
    debt collection center determines is necessary to cover or defray the
    costs under this subsection for the fiscal year in which the deposit is
    made.
        ``(6)(A) The head of an executive, legislative, or judicial agency
    shall transfer to the Secretary of the Treasury all non-tax claims over
    180 days delinquent for additional collection action and/or closeout. A
    taxpayer identification number shall be included with each claim
    provided if it is in the agency's possession.
        ``(B) Subparagraph (A) shall not apply--
                ``(i) to claims that--
                        ``(I) are in litigation or foreclosure;
                        ``(II) will be disposed of under the loan sales
                    program of a Federal department or agency;
                        ``(III) have been referred to a private collection
                    contractor for collection;
                        ``(IV) are being collected under internal offset
                    procedures;
                        ``(V) have been referred to the Department of the
                    Treasury, the Department of Defense, the United States
                    Postal Service, or a disbursing official of the United
                    States designated by the Secretary of the Treasury for
                    administrative offset;
                        ``(VI) have been retained by an executive agency in
                    a debt collection center; or
                        ``(VII) have been referred to another agency for
                    collection;
                ``(ii) to claims which may be collected after the 180-day
            period in accordance with specific statutory authority or
            procedural guidelines, provided that the head of an executive,
            legislative, or judicial agency provides notice of such claims
            to the Secretary of the Treasury; and
                ``(iii) to other specific class of claims as determined by
            the Secretary of the Treasury at the request of the head of an
            agency or otherwise.
        ``(C) The head of an executive, legislative, or judicial agency
    shall transfer to the Secretary of the Treasury all non-tax claims on
    which the agency has ceased collection activity. The Secretary may
    exempt specific classes of claims from this requirement, at the request
    of the head of an agency, or otherwise. The Secretary shall review
    transferred claims to determine if additional collection action is
    warranted. The Secretary may, in accordance with section 6050P of title
    26, United States Code, report to the Internal Revenue Service on
    behalf of the creditor agency any claims that have been discharged
    within the meaning of such section.
        ``(7) At the end of each calendar year, the head of an executive,
    legislative, or judicial agency which, regarding a claim owed to the
    agency, is required to report a discharge of indebtedness as income
    under the 6050P of title 26, United States Code, shall either complete
    the appropriate form 1099 or submit to the Secretary of the Treasury
    such information as is necessary for the Secretary of the Treasury to
    complete the appropriate form 1099. The Secretary of the Treasury shall
    incorporate this information into the appropriate form and submit the
    information to the taxpayer and Internal Revenue Service.
        ``(8) To carry out the purposes of this subsection, the Secretary
    of the Treasury is authorized--
                ``(A) to prescribe such rules, regulations, and procedures
            as the Secretary deems necessary; and
                ``(B) to designate debt collection centers operated by
            other Federal agencies.''.

    SEC. 5243. COMPROMISE OF CLAIMS.

        (a) Section 3711(a)(2) of title 31, United States Code, is amended
    by striking out ``$20,000 (excluding interest)'' and inserting in lieu
    thereof ``$100,000 (excluding interest) or such higher amount as the
    Attorney General may from time to time prescribe.
        (b) This section shall be effective as of October 1, 1995.

                  Subpart E--Federal Civil Monetary Penalties

    SEC. 5251. ADJUSTING FEDERAL CIVIL MONETARY PENALTIES FOR INFLATION.

        (a) The Federal Civil Penalties Inflation Adjustment Act of 1990
    (Public Law 101-410, 104 Stat. 890; 28 U.S.C. 2461 note) is amended--
                (1) by amending section 4 to read as follows:
        ``Sec. 4. The head of each agency shall, not later than 180 days
    after the date of enactment of the Debt Collection Improvement Act of
    1996, and at least once every 4 years thereafter, by regulation adjust
    each civil monetary penalty provided by law within the jurisdiction of
    the Federal agency, except for any penalty under title 26, United
    States Code, by the inflation adjustment described under section 5 of
    this Act and publish each such regulation in the Federal Register.'';
                (2) in section 5(a), by striking ``The adjustment described
            under paragraphs (4) and (5)(A) of section 4'' and inserting
            ``The inflation adjustment''; and
                (3) by adding at the end the following new section:
        ``Sec. 7. Any increase to a civil monetary penalty resulting from
    this Act shall apply only to violations which occur after the date any
    such increase takes effect.''.
        (b) The initial adjustment of a civil monetary penalty made
    pursuant to section 4 of Federal Civil Penalties Inflation Adjustment
    Act of 1990 (as amended by subsection (a)) may not exceed 10 percent of
    such penalty.

                            Subpart F--Gain Sharing

    SEC. 5261. DEBT COLLECTION IMPROVEMENT ACCOUNT.

        (a) Title 31, United States Code, is amended by inserting after
    section 3720B the following new section:
    ``Sec. 3720C. Debt Collection Improvement Account
        ``(a)(1) There is hereby established in the Treasury a special fund
    to be known as the `Debt Collection Improvement Account' (hereinafter
    referred to as the `Account').
        ``(2) The Account shall be maintained and managed by the Secretary
    of the Treasury, who shall ensure that programs are credited with the
    amounts described in subsection (b) and with allocations described in
    subsection (c).
        ``(b)(1) Not later than 30 days after the end of a fiscal year, an
    agency other than the Department of Justice is authorized to transfer
    to the Account a dividend not to exceed five percent of the debt
    collection improvement amount as described in paragraph (3).
        ``(2) Agency transfers to the Account may include collections
    from--
                ``(A) salary, administrative and tax referral offsets;
                ``(B) automated levy authority;
                ``(C) the Department of Justice; and
                ``(D) private collection agencies.
        ``(3) For purposes of this section, the term `debt collection
    improvement amount' means the amount by which the collection of
    delinquent debt with respect to a particular program during a fiscal
    year exceeds the delinquent debt baseline for such program for such
    fiscal year. The Office of Management and Budget shall determine the
    baseline from which increased collections are measured over the prior
    fiscal year, taking into account the recommendations made by the
    Secretary of the Treasury in consultation with creditor agencies.
        ``(c)(1) The Secretary of the Treasury is authorized to make
    payments from the Account solely to reimburse agencies for qualified
    expenses. For agencies with franchise funds, payments may be credited
    to subaccounts designated for debt collection.
        ``(2) For purposes of this paragraph, the term `qualified expenses'
    means expenditures for the improvement of tax administration and agency
    debt collection and debt recovery activities including, but not limited
    to, account servicing (including cross-servicing under section 502 of
    the Debt Collection Improvement Act of 1996), automatic data processing
    equipment acquisitions, delinquent debt collection, measures to
    minimize delinquent debt, asset disposition, and training of personnel
    involved in credit and debt management.
        ``(3) Payments made to agencies pursuant to paragraph (1) shall be
    in proportion to their contributions to the Account.
        ``(4)(A) Amounts in the Account shall be available to the Secretary
    of the Treasury to the extent and in the amounts provided in advance in
    appropriation Acts, for purposes of this section. Such amounts are
    authorized to be appropriated without fiscal year limitation.
        ``(B) As soon as practicable after the end of third fiscal year
    after which appropriations are made pursuant to this section, and every
    3 years thereafter, any unappropriated balance in the account as
    determined by the Secretary of the Treasury in consultation with
    agencies, shall be transferred to the Treasury general fund as
    miscellaneous receipts.
        ``(d) For direct loan and loan guarantee programs subject to title
    V of the Congressional Budget Act of 1974, amounts credited in
    accordance with subsection (c) shall be considered administrative costs
    and shall not be included in the estimated payments to the Government
    for the purpose of calculating the cost of such programs.
        ``(e) The Secretary of the Treasury shall prescribe such rules,
    regulations, and procedures as the Secretary deems necessary or
    appropriate to carry out the purposes of this section.''.
        (b) The table of sections for subchapter II of chapter 37 of title
    31, United States Code, is amended by inserting after the item relating
    to section 3720B the following new item:

    ``3720C. Debt Collection Improvement Account.''.

                     Subpart G--Tax Refund Offset Authority

    SEC. 5271. OFFSET OF TAX REFUND PAYMENT BY DISBURSING OFFICIALS.

        Section 3720A(h) of title 31, United States Code, is amended to
    read as follows:
        ``(h)(1) The term `Secretary of the Treasury' may include the
    disbursing official of the Department of the Treasury.
        ``(2) The disbursing official of the Department of the Treasury--
                ``(A) shall notify a taxpayer in writing of--
                        ``(i) the occurrence of an offset to satisfy a
                    past-due legally enforceable non-tax debt;
                        ``(ii) the identity of the creditor agency
                    requesting the offset; and
                        ``(iii) a contact point within the creditor agency
                    that will handle concerns regarding the offset;
                ``(B) shall notify the Internal Revenue Service on a weekly
            basis of--
                        ``(i) the occurrence of an offset to satisfy a
                    past-due legally enforceable non-tax debt;
                        ``(ii) the amount of such offset; and
                        ``(iii) any other information required by
                    regulations; and
                ``(C) shall match payment records with requests for offset
            by using a name control, taxpayer identifying number (as
            defined in 26 U.S.C. 6109), and any other necessary
            identifiers.''.

    SEC. 5272. EXPANDING TAX REFUND OFFSET AUTHORITY.

        (a) Section 3720A of title 31, United States Code, is amended by
    adding after subsection (h) the following new subsection:
        ``(i) An agency subject to section 9 of the Act of May 18, 1933 (16
    U.S.C. 831h) may implement this section at its discretion.''.
        (b) Section 6402(f) of title 26, United States Code, is amended to
    read as follows:
        ``(f) Federal Agency.--For purposes of this section, the term
    `Federal agency' means a department, agency, or instrumentality of the
    United States, and includes a government corporation (as such term is
    defined in section 103 of title 5, United States Code).''.

    SEC. 5273. EXPANDING AUTHORITY TO COLLECT PAST-DUE SUPPORT.

        (a) Section 3720A(a) of title 31, United States Code, is amended to
    read as follows:
        ``(a) Any Federal agency that is owed by a named person a past-due,
    legally enforceable debt (including past-due support and debt
    administered by a third party acting as an agent for the Federal
    Government) shall, in accordance with regulations issued pursuant to
    subsections (b) and (d), notify the Secretary of the Treasury at least
    once a year of the amount of such debt.''.
        (b) Section 464(a) of the Social Security Act (42 U.S.C. 664(a)) is
    amended--
                (1) in paragraph (1), by adding at the end thereof the
            following: ``This subsection may be implemented by the
            Secretary of the Treasury in accordance with section 3720A of
            title 31, United States Code.''; and
                (2) in paragraph (2)(A), by adding at the end thereof the
            following: ``This subsection may be implemented by the
            Secretary of the Treasury in accordance with section 3720A of
            title 31, United States Code.''.

          Subpart H--Definitions, Due Process Rights, and Severability

    SEC. 5281. TECHNICAL AMENDMENTS TO DEFINITIONS.

        Section 3701 of title 31, United States Code, is amended--
                (1) by amending subsection (a)(1) to read as follows:
                ``(1) `administrative offset' means withholding money
            payable by the United States (including money payable by the
            United States on behalf of a State government) to, or held by
            the United States for, a person to satisfy a claim.'';
                (2) by amending subsection (b) to read as follows:
        ``(b)(1) The term `claim' or `debt' means any amount of money or
    property that has been determined by an appropriate official of the
    Federal Government to be owed to the United States by a person,
    organization, or entity other than another Federal agency. A claim
    includes, without limitation, money owed on account of loans insured or
    guaranteed by the Government, non-appropriated funds, over-payments,
    any amount the United States is authorized by statute to collect for
    the benefit of any person, and other amounts of money or property due
    the Government.
        ``(2) For purposes of section 3716 of this title, the term `claim'
    also includes an amount of money or property owed by a person to a
    State, the District of Columbia, American Samoa, the United States
    Virgin Islands, the Commonwealth of the Northern Mariana Islands, or
    the Commonwealth of Puerto Rico where there is also a Federal monetary
    interest or in cases of court ordered child support.''; and
                (3) by adding after subsection (f) (as added in section
            5202(a)) the following new subsection:
        ``(g) In section 3716 of this title--
                ``(1) `creditor agency' means any entity owed a claim that
            seeks to collect that claim through administrative offset; and
                ``(2) `payment certifying agency' means any Federal
            department, agency, or instrumentality and government
            corporation, that has transmitted a voucher to a disbursing
            official for disbursement.''.

    SEC. 5282. SEVERABILITY.

        If any provision of this title, or the amendments made by this
    title, or the application of any provision to any entity, person, or
    circumstance is for any reason adjudged by a court of competent
    jurisdiction to be invalid, the remainder of this title, and the
    amendments made by this title, or its application shall not be
    affected.

                              Subpart I--Reporting

    SEC. 5291. MONITORING AND REPORTING.

        (a) The Secretary of the Treasury, in consultation with concerned
    Federal agencies, is authorized to establish guidelines, including
    information on outstanding debt, to assist agencies in the performance
    and monitoring of debt collection activities.
        (b) Not later than three years after the date of enactment of this
    Act, the Secretary of the Treasury shall report to the Congress on
    collection services provided by Federal agencies or entities collecting
    debt on behalf of other Federal agencies under the authorities
    contained in section 3711(g) of title 31, United States Code.
        (c) Section 3719 of title 31, United States Code, is amended--
                (1) in subsection (a)--
                        (A) by amending the first sentence to read as
                    follows: ``In consultation with the Comptroller
                    General, the Secretary of the Treasury shall prescribe
                    regulations requiring the head of each agency with
                    outstanding non-tax claims to prepare and submit to the
                    Secretary at least once a year a report summarizing the
                    status of loans and accounts receivable managed by the
                    head of the agency.''; and
                        (B) in paragraph (3), by striking ``Director'' and
                    inserting ``Secretary''; and
                (2) in subsection (b), by striking ``Director'' and
            inserting ``Secretary''.
        (d) Notwithstanding any other provision of law, the Secretary of
    the Treasury is authorized to consolidate all reports concerning debt
    collection into one annual report.

                        PART II--JUSTICE DEBT MANAGEMENT

                          Subpart A--Private Attorneys

    SEC. 5301. EXPANDED USE OF PRIVATE ATTORNEYS.

        (a) Section 3718(b)(1)(A) of title 31, United States Code, is
    amended by striking the fourth sentence.
        (b) Sections 3 and 5 of the Federal Debt Recovery Act (Public Law
    99-578, 100 Stat. 3305) are hereby repealed.

                       Subpart B--Nonjudicial Foreclosure

    SEC. 5311. NONJUDICIAL FORECLOSURE OF MORTGAGES.

        Chapter 176 of title 28 of the United States Code is amended by
    adding at the end thereof the following:

                    ``SUBCHAPTER E--NONJUDICIAL FORECLOSURE

    ``Sec.
    ``3401. Definitions.
    ``3402. Rules of construction.
    ``3403. Election of procedure.
    ``3404. Designation of foreclosure trustee.
    ``3405. Notice of foreclosure sale; statute of limitations.
    ``3406. Service of notice of foreclosure sale.
    ``3407. Cancellation of foreclosure sale.
    ``3408. Stay.
    ``3409. Conduct of sale; postponement.
    ``3410. Transfer of title and possession.
    ``3411. Record of foreclosure and sale.
    ``3412. Effect of sale.
    ``3413. Disposition of sale proceeds.
    ``3414. Deficiency judgment.
    ``Sec. 3401. Definitions
        ``As used in this subchapter--
                ``(1) `agency' means--
                        ``(A) an executive department as defined in section
                    101 of title 5, United States Code;
                        ``(B) an independent establishment as defined in
                    section 104 of title 5, United States Code (except that
                    it shall not include the General Accounting Office);
                        ``(C) a military department as defined in section
                    102 of title 5, United States Code; and
                        ``(D) a wholly owned government corporation as
                    defined in section 9101(3) of title 31, United States
                    Code;
                ``(2) `agency head' means the head and any assistant head
            of an agency, and may upon the designation by the head of an
            agency include the chief official of any principal division of
            an agency or any other employee of an agency;
                ``(3) `bona fide purchaser' means a purchaser for value in
            good faith and without notice of any adverse claim who acquires
            the seller's interest free of any adverse claim;
                ``(4) `debt instrument' means a note, mortgage bond,
            guaranty or other instrument creating a debt or other
            obligation, including any instrument incorporated by reference
            therein and any instrument or agreement amending or modifying a
            debt instrument;
                ``(5) `file' or `filing' means docketing, indexing,
            recording, or registering, or any other requirement for
            perfecting a mortgage or a judgment;
                ``(6) `foreclosure trustee' means an individual,
            partnership, association, or corporation, or any employee
            thereof, including a successor, appointed by the agency head to
            conduct a foreclosure sale pursuant to this subchapter;
                ``(7) `mortgage' means a deed of trust, deed to secure
            debt, security agreement, or any other form of instrument under
            which any interest in real property, including leaseholds, life
            estates, reversionary interests, and any other estates under
            applicable law is conveyed in trust, mortgaged, encumbered,
            pledged or otherwise rendered subject to a lien, for the
            purpose of securing the payment of money or the performance of
            any other obligation;
                ``(8) `of record' means an interest recorded pursuant to
            Federal or State statutes that provide for official recording
            of deeds, mortgages and judgments, and that establish the
            effect of such records as notice to creditors, purchasers, and
            other interested persons;
                ``(9) `owner' means any person who has an ownership
            interest in property and includes heirs, devisees, executors,
            administrators, and other personal representatives, and
            trustees of testamentary trusts if the owner of record is
            deceased;
                ``(10) `sale' means a sale conducted pursuant to this
            subchapter, unless the context requires otherwise; and
                ``(11) `security property' means real property, or any
            interest in real property including leaseholds, life estates,
            reversionary interests, and any other estates under applicable
            State law that secure a mortgage.
    ``Sec. 3402. Rules of construction
        ``(a) In General.--If an agency head elects to proceed under this
    subchapter, this subchapter shall apply and the provisions of this
    subchapter shall govern in the event of a conflict with any other
    provision of Federal law or State law.
        ``(b) Limitation.--This subchapter shall not be construed to
    supersede or modify the operation of--
                ``(1) the lease-back/buy-back provisions under section 1985
            of title 7, United States Code, or regulations promulgated
            thereunder; or
                ``(2) The Multifamily Mortgage Foreclosure Act of 1981
            (chapter 38 of title 12, United States Code).
        ``(c) Effect on Other Laws.--This subchapter shall not be construed
    to curtail or limit the rights of the United States or any of its
    agencies--
                ``(1) to foreclose a mortgage under any other provision of
            Federal law or State law; or
                ``(2) to enforce any right under Federal law or State law
            in lieu of or in addition to foreclosure, including any right
            to obtain a monetary judgment.
        ``(d) Application to Mortgages.--The provisions of this subchapter
    may be used to foreclose any mortgage, whether executed prior or
    subsequent to the effective date of this subchapter.
    ``Sec. 3403. Election of procedure
        ``(a) Security Property Subject to Foreclosure.--An agency head may
    foreclose a mortgage upon the breach of a covenant or condition in a
    debt instrument or mortgage for which acceleration or foreclosure is
    authorized. An agency head may not institute foreclosure proceedings on
    the mortgage under any other provision of law, or refer such mortgage
    for litigation, during the pendency of foreclosure proceedings pursuant
    to this subchapter.
        ``(b) Effect of Cancellation of Sale.--If a foreclosure sale is
    canceled pursuant to section 3407, the agency head may thereafter
    foreclose on the security property in any manner authorized by law.
    ``Sec. 3404. Designation of foreclosure trustee
        ``(a) In General.--An agency head shall designate a foreclosure
    trustee who shall supersede any trustee designated in the mortgage. A
    foreclosure trustee designated under this section shall have a
    nonjudicial power of sale pursuant to this subchapter.
        ``(b) Designation of Foreclosure Trustee.--
                ``(1) An agency head may designate as foreclosure trustee--
                        ``(A) an officer or employee of the agency;
                        ``(B) an individual who is a resident of the State
                    in which the security property is located; or
                        ``(C) a partnership, association, or corporation,
                    provided such entity is authorized to transact business
                    under the laws of the State in which the security
                    property is located.
                ``(2) The agency head is authorized to enter into personal
            services and other contracts not inconsistent with this
            subchapter.
        ``(c) Method of Designation.--An agency head shall designate the
    foreclosure trustee in writing. The foreclosure trustee may be
    designated by name, title, or position. An agency head may designate
    one or more foreclosure trustees for the purpose of proceeding with
    multiple foreclosures or a class of foreclosures.
        ``(d) Availability of Designation.--An agency head may designate
    such foreclosure trustees as the agency head deems necessary to carry
    out the purposes of this subchapter.
        ``(e) Multiple Foreclosure Trustees Authorized.--An agency head may
    designate multiple foreclosure trustees for different tracts of a
    secured property.
        ``(f) Removal of Foreclosure Trustees; Successor Foreclosure
    Trustees.--An agency head may, with or without cause or notice, remove
    a foreclosure trustee and designate a successor trustee as provided in
    this section. The foreclosure sale shall continue without prejudice
    notwithstanding the removal of the foreclosure trustee and designation
    of a successor foreclosure trustee. Nothing in this section shall be
    construed to prohibit a successor foreclosure trustee from postponing
    the foreclosure sale in accordance with this subchapter.
    ``Sec. 3405. Notice of foreclosure sale; statute of limitations
        ``(a) In General.--
                ``(1) Not earlier than 21 days nor later than ten years
            after acceleration of a debt instrument or demand on a
            guaranty, the foreclosure trustee shall serve a notice of
            foreclosure sale in accordance with this subchapter.
                ``(2) For purposes of computing the time period under
            paragraph (1), there shall be excluded all periods during which
            there is in effect--
                        ``(A) a judicially imposed stay of foreclosure; or
                        ``(B) a stay imposed by section 362 of title 11,
                    United States Code.
                ``(3) In the event of partial payment or written
            acknowledgement of the debt after acceleration of the debt
            instrument, the right to foreclosure shall be deemed to accrue
            again at the time of each such payment or acknowledgement.
        ``(b) Notice of Foreclosure Sale.--The notice of foreclosure sale
    shall include--
                ``(1) the name, title, and business address of the
            foreclosure trustee as of the date of the notice;
                ``(2) the names of the original parties to the debt
            instrument and the mortgage, and any assignees of the mortgagor
            of record;
                ``(3) the street address or location of the security
            property, and a generally accepted designation used to describe
            the security property, or so much thereof as is to be offered
            for sale, sufficient to identify the property to be sold;
                ``(4) the date of the mortgage, the office in which the
            mortgage is filed, and the location of the filing of the
            mortgage;
                ``(5) the default or defaults upon which foreclosure is
            based, and the date of the acceleration of the debt instrument;
                ``(6) the date, time, and place of the foreclosure sale;
                ``(7) a statement that the foreclosure is being conducted
            in accordance with this subchapter;
                ``(8) the types of costs, if any, to be paid by the
            purchaser upon transfer of title; and
                ``(9) the terms and conditions of sale, including the
            method and time of payment of the foreclosure purchase price.
    ``Sec. 3406. Service of notice of foreclosure sale
        ``(a) Record Notice.--At least 21 days prior to the date of the
    foreclosure sale, the notice of foreclosure sale required by section
    3405 shall be filed in the manner authorized for filing a notice of an
    action concerning real property according to the law of the State where
    the security property is located or, if none, in the manner authorized
    by section 3201 of this chapter.
        ``(b) Notice by Mail.--
                ``(1) At least 21 days prior to the date of the foreclosure
            sale, the notice set forth in section 3405 shall be sent by
            registered or certified mail, return receipt requested--
                        ``(A) to the current owner of record of the
                    security property as the record appears on the date
                    that the notice of foreclosure sale is recorded
                    pursuant to subsection (a);
                        ``(B) to all debtors, including the mortgagor,
                    assignees of the mortgagor and guarantors of the debt
                    instrument;
                        ``(C) to all persons having liens, interests or
                    encumbrances of record upon the security property, as
                    the record appears on the date that the notice of
                    foreclosure sale is recorded pursuant to subsection
                    (a); and
                        ``(D) to any occupants of the security property. If
                    the names of the occupants of the security property are
                    not known to the agency, or the security property has
                    more than one dwelling unit, the notice shall be posted
                    at the security property.
                ``(2) The notice shall be sent to the debtor at the
            address, if any, set forth in the debt instrument or mortgage
            as the place to which notice is to be sent, and if different,
            to the debtor's last known address as shown in the mortgage
            record of the agency. The notice shall be sent to any person
            other than the debtor to that person's address of record or, if
            there is no address of record, to any address at which the
            agency in good faith believes the notice is likely to come to
            that person's attention.
                ``(3) Notice by mail pursuant to this subsection shall be
            effective upon mailing.
        ``(c) Notice by Publication.--The notice of the foreclosure sale
    shall be published at least once a week for each of three successive
    weeks prior to the sale in at least one newspaper of general
    circulation in any county or counties in which the security property is
    located. If there is no newspaper published at least weekly that has a
    general circulation in at least one county in which the security
    property is located, copies of the notice of foreclosure sale shall
    instead be posted at least 21 days prior to the sale at the courthouse
    of any county or counties in which the property is located and the
    place where the sale is to be held.
    ``Sec. 3407. Cancellation of foreclosure sale
        ``(a) In General.--At any time prior to the foreclosure sale, the
    foreclosure trustee shall cancel the sale--
                ``(1) if the debtor or the holder of any subordinate
            interest in the security property tenders the performance due
            under the debt instrument and mortgage, including any amounts
            due because of the exercise of the right to accelerate, and the
            expenses of proceeding to foreclosure incurred to the time of
            tender;
                ``(2) if the security property is a dwelling of four units
            or fewer, and the debtor--
                        ``(A) pays or tenders all sums which would have
                    been due at the time of tender in the absence of any
                    acceleration;
                        ``(B) performs any other obligation which would
                    have been required in the absence of any acceleration;
                    and
                        ``(C) pays or tenders all costs of foreclosure
                    incurred for which payment from the proceeds of the
                    sale would be allowed; or
                ``(3) for any reason approved by the agency head.
        ``(b) Limitation.--The debtor may not, without the approval of the
    agency head, cure the default under subsection (a)(2) if, within the
    preceding 12 months, the debtor has cured a default after being served
    with a notice of foreclosure sale pursuant to this subchapter.
        ``(c) Notice of Cancellation.--The foreclosure trustee shall file a
    notice of the cancellation in the same place and manner provided for
    the filing of the notice of foreclosure sale under section 3406(a).
    ``Sec. 3408. Stay
        ``If, prior to the time of sale, foreclosure proceedings under this
    subchapter are stayed in any manner, including the filing of
    bankruptcy, no person may thereafter cure the default under the
    provisions of section 3407(a)(2). If the default is not cured at the
    time a stay is terminated, the foreclosure trustee shall proceed to
    sell the security property as provided in this subchapter.
    ``Sec. 3409. Conduct of sale; postponement
        ``(a) Sale Procedures.--Foreclosure sale pursuant to this
    subchapter shall be at public auction and shall be scheduled to begin
    at a time between the hours of 9:00 a.m. and 4:00 p.m. local time. The
    foreclosure sale shall be held at the location specified in the notice
    of foreclosure sale, which shall be a location where real estate
    foreclosure auctions are customarily held in the county or one of the
    counties in which the property to be sold is located or at a courthouse
    therein, or upon the property to be sold. Sale of security property
    situated in two or more counties may be held in any one of the counties
    in which any part of the security property is situated. The foreclosure
    trustee may designate the order in which multiple tracts of security
    property are sold.
        ``(b) Bidding Requirements.--Written one-price sealed bids shall be
    accepted by the foreclosure trustee, if submitted by the agency head or
    other persons for entry by announcement by the foreclosure trustee at
    the sale. The sealed bids shall be submitted in accordance with the
    terms set forth in the notice of foreclosure sale. The agency head or
    any other person may bid at the foreclosure sale, even if the agency
    head or other person previously submitted a written one-price bid. The
    agency head may bid a credit against the debt due without the tender or
    payment of cash. The foreclosure trustee may serve as auctioneer, or
    may employ an auctioneer who may be paid from the sale proceeds. If an
    auctioneer is employed, the foreclosure trustee is not required to
    attend the sale. The foreclosure trustee or an auctioneer may bid as
    directed by the agency head.
        ``(c) Postponement of Sale.--The foreclosure trustee shall have
    discretion, prior to or at the time of sale, to postpone the
    foreclosure sale. The foreclosure trustee may postpone a sale to a
    later hour the same day by announcing or posting the new time and place
    of the foreclosure sale at the time and place originally scheduled for
    the foreclosure sale. The foreclosure trustee may instead postpone the
    foreclosure sale for not fewer than 9 nor more than 31 days, by serving
    notice that the foreclosure sale has been postponed to a specified
    date, and the notice may include any revisions the foreclosure trustee
    deems appropriate. The notice shall be served by publication, mailing,
    and posting in accordance with section 3406 (b) and (c), except that
    publication may be made on any of three separate days prior to the new
    date of the foreclosure sale, and mailing may be made at any time at
    least 7 days prior to the new date of the foreclosure sale.
        ``(d) Liability of Successful Bidder Who Fails To Comply.--The
    foreclosure trustee may require a bidder to make a cash deposit before
    the bid is accepted. The amount or percentage of the cash deposit shall
    be stated by the foreclosure trustee in the notice of foreclosure sale.
    A successful bidder at the foreclosure sale who fails to comply with
    the terms of the sale shall forfeit the cash deposit or, at the
    election of the foreclosure trustee, shall be liable to the agency on a
    subsequent sale of the property for all net losses incurred by the
    agency as a result of such failure.
        ``(e) Effect of Sale.--Any foreclosure sale held in accordance with
    this subchapter shall be conclusively presumed to have been conducted
    in a legal, fair, and commercially reasonable manner. The sale price
    shall be conclusively presumed to constitute the reasonably equivalent
    value of the security property.
    ``Sec. 3410. Transfer of title and possession
        ``(a) Deed.--After receipt of the purchase price in accordance with
    the terms of the sale as provided in the notice of foreclosure sale,
    the foreclosure trustee shall execute and deliver to the purchaser a
    deed conveying the security property to the purchaser that grants and
    conveys title to the security property without warranty or covenants to
    the purchaser. The execution of the foreclosure trustee's deed shall
    have the effect of conveying all of the right, title, and interest in
    the security property covered by the mortgage. Notwithstanding any
    other law to the contrary, the foreclosure trustee's deed shall be a
    conveyance of the security property and not a quitclaim. No judicial
    proceeding shall be required ancillary or supplementary to the
    procedures provided in this subchapter to establish the validity of the
    conveyance.
        ``(b) Death of Purchaser Prior to Consummation of Sale.--If a
    purchaser dies before execution and delivery of the deed conveying the
    security property to the purchaser, the foreclosure trustee shall
    execute and deliver the deed to the representative of the purchaser's
    estate upon payment of the purchase price in accordance with the terms
    of sale. Such delivery to the representative of the purchaser's estate
    shall have the same effect as if accomplished during the lifetime of
    the purchaser.
        ``(c) Purchaser Considered Bona Fide Purchaser Without Notice.--The
    purchaser of property under this subchapter shall be presumed to be a
    bona fide purchaser without notice of defects, if any, in the title
    conveyed to the purchaser.
        ``(d) Possession by Purchaser; Continuing Interests.--A purchaser
    at a foreclosure sale conducted pursuant to this subchapter shall be
    entitled to possession upon passage of title to the security property,
    subject to any interest or interests senior to that of the mortgage.
    The right to possession of any person without an interest senior to the
    mortgage who is in possession of the property shall terminate
    immediately upon the passage of title to the security property, and the
    person shall vacate the security property immediately. The purchaser
    shall be entitled to take any steps available under Federal law or
    State law to obtain possession.
        ``(e) Right of Redemption; Right of Possession.--This subchapter
    shall preempt all Federal and State rights of redemption, statutory, or
    common law. Upon conclusion of the public auction of the security
    property, no person shall have a right of redemption.
        ``(f) Prohibition of Imposition of Tax on Conveyance by the United
    States or Agency Thereof.--No tax, or fee in the nature of a tax, for
    the transfer of title to the security property by the foreclosure
    trustee's deed shall be imposed upon or collected from the foreclosure
    trustee or the purchaser by any State or political subdivision thereof.
    ``Sec. 3411. Record of foreclosure and sale
        ``(a) Recital Requirements.--The foreclosure trustee shall recite
    in the deed to the purchaser, or in an addendum to the foreclosure
    trustee's deed, or shall prepare an affidavit stating--
                ``(1) the date, time, and place of sale;
                ``(2) the date of the mortgage, the office in which the
            mortgage is filed, and the location of the filing of the
            mortgage;
                ``(3) the persons served with the notice of foreclosure
            sale;
                ``(4) the date and place of filing of the notice of
            foreclosure sale under section 3406(a);
                ``(5) that the foreclosure was conducted in accordance with
            the provisions of this subchapter; and
                ``(6) the sale amount.
        ``(b) Effect of Recitals.--The recitals set forth in subsection (a)
    shall be prima facie evidence of the truth of such recitals. Compliance
    with the requirements of subsection (a) shall create a conclusive
    presumption of the validity of the sale in favor of bona fide
    purchasers and encumbrancers for value without notice.
        ``(c) Deed To Be Accepted for Filing.--The register of deeds or
    other appropriate official of the county or counties where real estate
    deeds are regularly filed shall accept for filing and shall file the
    foreclosure trustee's deed and affidavit, if any, and any other
    instruments submitted for filing in relation to the foreclosure of the
    security property under this subchapter.
    ``Sec. 3412. Effect of sale
        ``A sale conducted under this subchapter to a bona fide purchaser
    shall bar all claims upon the security property by--
                ``(1) any person to whom the notice of foreclosure sale was
            mailed as provided in this subchapter who claims an interest in
            the property subordinate to that of the mortgage, and the heir,
            devisee, executor, administrator, successor, or assignee
            claiming under any such person;
                ``(2) any person claiming any interest in the property
            subordinate to that of the mortgage, if such person had actual
            knowledge of the sale;
                ``(3) any person so claiming, whose assignment, mortgage,
            or other conveyance was not filed in the proper place for
            filing, or whose judgment or decree was not filed in the proper
            place for filing, prior to the date of filing of the notice of
            foreclosure sale as required by section 3406(a), and the heir,
            devisee, executor, administrator, successor, or assignee of
            such a person; or
                ``(4) any other person claiming under a statutory lien or
            encumbrance not required to be filed and attaching to the title
            or interest of any person designated in any of the foregoing
            subsections of this section.
    ``Sec. 3413. Disposition of sale proceeds
        ``(a) Distribution of Sale Proceeds.--The foreclosure trustee shall
    distribute the proceeds of the foreclosure sale in the following
    order--
                ``(1)(A) to pay the commission of the foreclosure trustee,
            other than an agency employee, the greater of--
                        ``(i) the sum of--
                                ``(I) 3 percent of the first $1,000
                            collected, plus
                                ``(II) 1.5 percent on the excess of any sum
                            collected over $1,000; or
                        ``(ii) $250; and
                ``(B) the amounts described in subparagraph (A)(i) shall be
            computed on the gross proceeds of all security property sold at
            a single sale;
                ``(2) to pay the expense of any auctioneer employed by the
            foreclosure trustee, if any, except that the commission payable
            to the foreclosure trustee pursuant to paragraph (1) shall be
            reduced by the amount paid to an auctioneer, unless the agency
            head determines that such reduction would adversely affect the
            ability of the agency head to retain qualified foreclosure
            trustees or auctioneers;
                ``(3) to pay for the costs of foreclosure, including--
                        ``(A) reasonable and necessary advertising costs
                    and postage incurred in giving notice pursuant to
                    section 3406;
                        ``(B) mileage for posting notices and for the
                    foreclosure trustee's or auctioneer's attendance at the
                    sale at the rate provided in section 1921 of title 28,
                    United States Code, for mileage by the most reasonable
                    road distance;
                        ``(C) reasonable and necessary costs actually
                    incurred in connection with any search of title and
                    lien records; and
                        ``(D) necessary costs incurred by the foreclosure
                    trustee to file documents;
                ``(4) to pay valid real property tax liens or assessments,
            if required by the notice of foreclosure sale;
                ``(5) to pay any liens senior to the mortgage, if required
            by the notice of foreclosure sale;
                ``(6) to pay service charges and advancements for taxes,
            assessments, and property insurance premiums; and
                ``(7) to pay late charges and other administrative costs
            and the principal and interest balances secured by the
            mortgage, including expenditures for the necessary protection,
            preservation, and repair of the security property as authorized
            under the debt instrument or mortgage and interest thereon if
            provided for in the debt instrument or mortgage, pursuant to
            the agency's procedure.
        ``(b) Insufficient Proceeds.--In the event there are no proceeds of
    sale or the proceeds are insufficient to pay the costs and expenses set
    forth in subsection (a), the agency head shall pay such costs and
    expenses as authorized by applicable law.
        ``(c) Surplus Monies.--
                ``(1) After making the payments required by subsection (a),
            the foreclosure trustee shall--
                        ``(A) distribute any surplus to pay liens in the
                    order of priority under Federal law or the law of the
                    State where the security property is located; and
                        ``(B) pay to the person who was the owner of record
                    on the date the notice of foreclosure sale was filed
                    the balance, if any, after any payments made pursuant
                    to paragraph (1).
                ``(2) If the person to whom such surplus is to be paid
            cannot be located, or if the surplus available is insufficient
            to pay all claimants and the claimants cannot agree on the
            distribution of the surplus, that portion of the sale proceeds
            may be deposited by the foreclosure trustee with an appropriate
            official authorized under law to receive funds under such
            circumstances. If such a procedure for the deposit of disputed
            funds is not available, and the foreclosure trustee files a
            bill of interpleader or is sued as a stakeholder to determine
            entitlement to such funds, the foreclosure trustee's necessary
            costs in taking or defending such action shall be deducted
            first from the disputed funds.
    ``Sec. 3414. Deficiency judgment
        ``(a) In General.--If after deducting the disbursements described
    in section 3413, the price at which the security property is sold at a
    foreclosure sale is insufficient to pay the unpaid balance of the debt
    secured by the security property, counsel for the United States may
    commence an action or actions against any or all debtors to recover the
    deficiency, unless specifically prohibited by the mortgage. The United
    States is also entitled to recover any amount authorized by section
    3011 and costs of the action.
        ``(b) Limitation.--Any action commenced to recover the deficiency
    shall be brought within 6 years of the last sale of security property.
        ``(c) Credits.--The amount payable by a private mortgage guaranty
    insurer shall be credited to the account of the debtor prior to the
    commencement of an action for any deficiency owed by the debtor.
    Nothing in this subsection shall curtail or limit the subrogation
    rights of a private mortgage guaranty insurer.''.

                  Subchapter B--FAA Grants-in-Aid for Airports

           federal aviation administration grants-in-aid for airports

                        (airport and airway trust fund)

                       (rescission of contract authority)

        Of the available contract authority balances under this account,
    $48,000,000 are hereby rescinded, in addition to any such sums
    otherwise rescinded by this Act.

                     TITLE VI--FOOD AND DRUG EXPORT REFORM

    SEC. 6001. SHORT TITLE, REFERENCE.

        (a) Short Title.--This title may be cited as the ``FDA Export
    Reform and Enhancement Act of 1996''.
        (b) Reference.--Wherever in this title (other than in section 6004)
    an amendment or repeal is expressed in terms of an amendment to, or
    repeal of, a section or other provision, the reference shall be
    considered to be made to a section or other provision of the Federal
    Food, Drug, and Cosmetic Act. (21 U.S.C. 321 et seq.)

    SEC. 6002. EXPORT OF DRUGS AND DEVICES.

        (a) Export and Imports.--Section 801 (21 U.S.C. 381) is amended--
                (1) in subsection (d), by adding at the end thereof the
            following new paragraphs:
        ``(3) No component, part, or accessory of a drug, biological
    product, or device, including a drug in bulk inform, shall be excluded
    from importation into the United States under subsection (a) if--
                ``(A) the importer affirms at the time of initial
            importation that such component, part, or accessory is intended
            to be incorporated by the initial owner or consignee into a
            drug, biological product, or device that will be exported by
            such owner or consignee from the United States in accordance
            with subsection 801(e) or section 802 of this Act or section
            351(h) of the Public Health Service Act;
                ``(B) the initial owner or consignee responsible for such
            imported articles maintains records that identify the use of
            such imported articles and upon request of the Secretary
            submits a report that provides an accounting of the exportation
            or the disposition of the imported articles, including portions
            that have been destroyed, and the manner in which such person
            complied with the requirements of this paragraph; and
                        ``(C) any imported component, part or accessory not
                    so incorporated is destroyed or exported by the owner
                    or consignee.''
        ``(4) The importation into the United States of blood, blood
    components, source plasma, and source leukocytes, is not permitted
    pursuant to paragraph (3) unless the importation complies with section
    351(a) of the Public Health Service Act. The importation of tissue is
    not permitted pursuant to paragraph (3) unless the importation complies
    with section 361 of the Public Health Service Act.'';
                (2) in subsection (e)(1), by striking the second sentence;
                (3) in subsection (e)(2)--
                        (A) by striking ``the Secretary'' and inserting
                    ``either (i) the Secretary''; and
                        (B) by inserting before the period at the end
                    thereof the following: ``or (ii) the device is eligible
                    for export under section 802''; and
        (4) in subsection (e), by adding at the end thereof the following
    new paragraph:;
        ``(3) A new animal drug that requires approval under section 512
    shall not be exported pursuant to paragraph (1) if such drug has been
    banned in the United States.''.
        (b) Export of Certain Unapproved Drugs and Devices.--Section 802
    (21 U.S.C. 382) is amended to read as follows:

                    ``exports of certain unapproved products

        ``Sec. 802. (a) A drug (including a biological product) intended
    for human use or a device for human use--
                ``(1) which, in the case of a drug--
                        ``(A)(i) requires approval by the Secretary under
                    section 505 before such drug may be introduced or
                    delivered for introduction into interstate commerce; or
                        ``(ii) requires licensing by the Secretary under
                    section 351 of the Public Health Service Act or by the
                    Secretary of Agriculture under the Act of March 4, 1913
                    (known as the Virus-Serum Toxin Act) before it may be
                    introduced or delivered for introduction into
                    interstate commerce; and
                        ``(B) does not have such approval or license, is
                    not exempt from such sections or Act, and is introduced
                    or delivered for introduction into interstate commerce;
                    or
                ``(2) which, in the case of a device--
                        ``(A) does not comply with an applicable
                    requirement under section 514 or 515;
                        ``(B) under section 520(g) is exempt from either
                    such section; or
                        ``(C) is a banned device under section 516,
    is adulterated, misbranded, and in violation of such sections or Act
    unless the export of the drug or device is authorized under subsection
    (b), (c), (d), or (e), or under section 801(e)(2). If a drug (including
    a biological product) or device described in paragraphs (1) and (2) may
    be exported under subsection (b) and if an application for such drug or
    device under section 505 or 514 or section 351 of the Public Health
    Service Act was disapproved, the Secretary shall notify the appropriate
    public health official of the country to which such drug will be
    exported of such disapproval.
        ``(b)(1) Except as otherwise provided in this section, a drug
    (including a biological product) or device may be exported to any
    country, if the drug or device complies with the laws of that country
    and has valid marketing authorization by the appropriate approval
    authority--
                ``(A) in Australia, Canada, Israel, Japan, New Zealand,
            Switzerland, or South Africa; or
                ``(B) in the European Union or a country in the European
            Economic Area (the countries in the European Union and the
            European Free Trade Association) if the drug or device is
            marketed in that country or the drug or device is authorized
            for general marketing in the European Economic Area.
        ``(2) The Secretary may designate an additional country or
    countries to be included in the list of countries described in
    subparagraphs (A) and (B) of paragraph (1). The Secretary shall not
    delegate the authority granted under this paragraph.
        ``(3) An appropriate country official, manufacturer, or exporter
    may request the Secretary to designate an additional country or
    countries to be included in the list of countries described in
    subparagraphs (A) and (B) of paragraph (1) by submitting documentation
    to the Secretary in support of such designation. Any person other than
    a country requesting such designation shall include along with the
    request a letter from the country indicating the desire of such country
    to be designated.
        ``(4) The Secretary shall designate a country or countries to be
    included in the list of countries described in subparagraphs (A) and
    (B) of paragraph (1) if the Secretary finds that the valid marketing
    authorization system in such country or countries is equivalent to the
    systems in the countries described in subparagraphs (A) and (B) of
    paragraph (1).
        ``(c) A drug or device intended for investigational use in any
    country described in subsection (b) may be exported in accordance with
    the laws of that country and shall be exempt from regulation under
    section 505(i) or 520(g).
        ``(d) A drug or device intended for formulation, filling,
    packaging, labeling, or further processing in anticipation of market
    authorization in any country described in paragraph (1)(A) or (B) of
    subsection (b) may be exported to those countries for use in accordance
    with the laws of that country.
        ``(e)(1) A drug (including a biological product) or device which is
    to be used in the prevention or treatment of a tropical disease or
    other disease not prevalent in the United States and which does not
    otherwise qualify for export under this section may, upon approval of
    an application submitted under paragraph (2), be exported if--
                ``(A) the Secretary finds, based on credible scientific
            evidence, including clinical investigations, that the drug or
            device is safe and effective in the country to which the drug
            or device is to be exported in the prevention or treatment of a
            tropical disease or other disease not prevalent in the United
            States in such country;
                ``(B) the drug or device is manufactured, processed,
            packaged, and held in conformity with current good
            manufacturing practice and is not adulterated under subsection
            (a)(1), (a)(2)(A), (a)(3), (c), or (d) of section 501;
                ``(C) the outside of the shipping package is labeled with
            the following statement: `This drug or device may be sold or
            offered for sale only in the following countries:
            ____________', the blank space being filled with a list of the
            countries to which export of the drug or device is authorized
            under this subsection;
                ``(D) the drug or device is not the subject of a notice by
            the Secretary or the Secretary of Agriculture of a
            determination that the manufacture of the drug or device in the
            United States for export to a country is contrary to the public
            health and safety of the United States; and
                ``(E) the requirements of subparagraphs (A) through (D) of
            section 801(e)(1) have been met.
        ``(2) Any person may apply to have a drug or device exported under
    paragraph (1). The application shall--
                ``(A) describe the drug or device to be exported;
                ``(B) list each country to which the drug or device is to
            be exported;
                ``(C) contain a certification by the applicant that the
            drug or device will not be exported to a country for which the
            Secretary cannot make a finding described in paragraph (1)(A);
                ``(D) identify the establishments in which the drug or
            device is manufactured; and
                ``(E) demonstrate to the Secretary that the drug or device
            meets the requirements of paragraph (1).
        ``(3) The holder of an approved application for the export of a
    drug or device under this subsection shall report to the Secretary--
                ``(A) the receipt of any information indicating that the
            drug or device is being or may have been exported from a
            country for which the Secretary made a finding under paragraph
            (1)(A) to a country for which the Secretary cannot make such a
            finding; and
                ``(B) the receipt of any information indicating any adverse
            reactions to such drug.
        ``(4)(A) If the Secretary determines that--
                ``(i) a drug or device for which an application is approved
            under paragraph (2) does not continue to meet the requirements
            of paragraph (1);
                ``(ii) the holder of such application has not made the
            report required by paragraph (3); or
                ``(iii) the manufacture of such drug or device in the
            United States for export is contrary to the public health and
            safety of the United States and an application for the export
            of such drug or device has been approved under paragraph (2),
    then before taking action against the holder of an application for
    which a determination was made under clause (i), (ii), or (iii), the
    Secretary shall notify the holder in writing of the determination and
    provide the holder 30 days to take such action as may be required to
    prevent the Secretary from taking action against the holder under this
    subparagraph. If the Secretary takes action against such holder because
    of such a determination, the Secretary shall provide the holder a
    written statement specifying the reasons for such determination and
    provide the holder, on request, an opportunity for an informal hearing
    with respect to such determination.
        ``(B) If at any time the Secretary, or in the absence of the
    Secretary, the official designated to act on behalf of the Secretary,
    determines that--
                ``(i) the holder of an approved application under paragraph
            (2) is exporting a drug or device from the United States to an
            importer;
                ``(ii) such importer is exporting the drug or device to a
            country for which the Secretary cannot make a finding under
            paragraph (1)(A); and
                ``(iii) such export presents an imminent hazard to the
            public health in such country,
    the Secretary shall immediately prohibit the export of the drug or
    device to such importer, provide the person exporting the drug or
    device from the United States prompt notice of the determination, and
    afford such person an opportunity for an expedited hearing. A
    determination by the Secretary under this subparagraph may not be
    stayed pending final action by a reviewing court. The authority
    conferred by this subparagraph shall not be delegated by the Secretary.
        ``(C) If the Secretary, or in the absence of the Secretary, the
    official designated to act on behalf of the Secretary, determines that
    the holder of an approved application under paragraph (2) is exporting
    a drug or device to a country for which the Secretary cannot make a
    finding under paragraph (1)(A), and that the export of the drug or
    device presents an imminent hazard, the Secretary shall immediately
    prohibit the export of the drug or device to such country, give the
    holder prompt notice of the determination, and afford the holder an
    opportunity for an expedited hearing. A determination by the Secretary
    under this subparagraph may not be stayed pending final action by a
    reviewing court. The authority conferred by this subparagraph shall not
    be delegated by the Secretary.
        ``(D) If the Secretary receives credible evidence that the holder
    of an application approved under paragraph (2) is exporting a drug or
    device to a country for which the Secretary cannot make a finding under
    paragraph (1)(A), the Secretary shall give the holder 60 days to
    provide information to the Secretary respecting such evidence and shall
    provide the holder an opportunity for an informal hearing on such
    evidence. Upon the expiration of such 60 days, the Secretary shall
    prohibit the export of such drug or device to such country if the
    Secretary determines the holder is exporting the drug or device to a
    country for which the Secretary cannot make a finding under paragraph
    (1)(A).
        ``(E) If the Secretary receives credible evidence that an importer
    is exporting a drug or device to a country for which the Secretary
    cannot make a finding under paragraph (1)(A), the Secretary shall
    notify the holder of the application authorizing the export of such
    drug or device of such evidence and shall require the holder to
    investigate the export by such importer and to report to the Secretary
    within 14 days of the receipt of such notice the findings of the
    holder. If the Secretary determines that the importer has exported a
    drug or device to such a country, the Secretary shall prohibit such
    holder from exporting such drug or device to the importer unless the
    Secretary determines that the export by the importer was unintentional.
        ``(f) A drug or device may not be exported under this section if--
                ``(1) the drug or device is not manufactured, processed,
            packaged, and held in conformity with current good
            manufacturing practice or is adulterated under paragraph (1),
            (2)(A), or (3) of section 501(a) or subsection (c) or (d) of
            section 501;
                ``(2) the requirements of subparagraphs (A) through (D) of
            section 801(e)(1) have not been met;
                ``(3)(A) the drug or device is the subject of a notice by
            the Secretary or the Secretary of Agriculture of a
            determination that the possibility of reimportation of the
            exported drug or device would present an imminent hazard to the
            public health and safety of the United States and the only
            means of limiting the hazard is to prohibit the export of the
            drug or device;
                ``(B) the drug or device presents an imminent hazard to the
            public health of the country to which the drug or device would
            be exported; or
                ``(4) the drug or device is not labeled or promoted--
                        ``(A) in accordance with the requirements and
                    conditions for use in--
                                ``(i) the country in which the drug or
                            device received a valid marketing authorization
                            under subsection (b)(2); and
                                ``(ii) the country to which the drug or
                            device would be exported; and
                        ``(B) in the language of the country or designated
                    by the country to which the drug or device would be
                    exported.
    ``In making a finding under paragraph (3)(B), the Secretary shall, to
    the maximum extent possible, consult with the appropriate public health
    official in the affected country.
        ``(g) The exporter of a drug or device exported under this section
    shall provide a simple notification to the Secretary when the exporter
    first begins to export such drug or device to a country and shall
    maintain records of all products exported pursuant to this section.
        ``(h) For purposes of this section--
                (1) a reference to the Secretary shall in the case of a
            biological product which is required to be licensed under the
            Act of March 4, 1913 (37 Stat. 832-833) (commonly known as the
            Virus-Serum Toxin Act) be considered to be a reference to the
            Secretary of Agriculture, and
                (2) the term ``drug'' includes drugs for human use as well
            as biologicals under section 351 of the Public Health Service
            Act or the Act of March 4, 1913 (37 Stat. 832-833) (commonly
            known as the Virus-Serum Toxin Act).''

    SEC. 6003. PROHIBITED ACT.

        Section 301 (21 U.S.C. 331) is amended--
                (1) by redesignating the second subsection (u) as
            subsection (v); and
                (2) by adding at the end thereof the following new
            subsection:
        ``(w)(1) The failure to maintain records as required by section
    801(d)(3), the making of a knowing false statement in any record or
    report required or requested under section 801(d)(3), the release into
    interstate commerce of any article imported into the United States
    under section 801(d)(3) or any finished product made from such article
    (except for export in accordance with subsection 801(e) or section 802
    of the Act or section 351(h) of the Public Health Service Act), or the
    failure to export or destroy any component, part or accessory not
    incorporated into a drug, biological product or device that will be
    exported in accordance with subsection 801(e) or section 802 of this
    Act or section 351(h) of the Public Health Service Act.''

    SEC. 6004. PARTIALLY PROCESSED BIOLOGICAL PRODUCTS.

        Subsection (h) of section 351 of the Public Health Service Act (42
    U.S.C. 262) is amended to read as follows:
        ``(h) A partially processed biological product which--
                ``(1) is not in a form applicable to the prevention,
            treatment, or cure of diseases or injuries of man;
                ``(2) is not intended for sale in the United States; and
                ``(3) is intended for further manufacture into final dosage
            form outside the United States,
    shall be subject to no restriction on the export of the product under
    this Act or the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et
    seq.) if the product is manufactured, processed, packaged, and held in
    conformity with current good manufacturing practice and meets the
    requirements in section 801(e)(1) of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 381(e)).''.
        This Act may be cited as the ``Omnibus Consolidated Rescissions and
    Appropriations Act of 1996''.

                Attest:

                                                                 Secretary.
    104th CONGRESS

      2d Session

                                   H. R. 3019

    _______________________________________________________________________

                                   AMENDMENT

    HR 3019 EAS----2
    HR 3019 EAS----3
    HR 3019 EAS----4
    HR 3019 EAS----5
    HR 3019 EAS----6
    HR 3019 EAS----7
    HR 3019 EAS----8
    HR 3019 EAS----9
    HR 3019 EAS----10
    HR 3019 EAS----11
    HR 3019 EAS----12
    HR 3019 EAS----13
    HR 3019 EAS----14
    HR 3019 EAS----15
    HR 3019 EAS----16
    HR 3019 EAS----17
    HR 3019 EAS----18
    HR 3019 EAS----19
    HR 3019 EAS----20
    HR 3019 EAS----21
    HR 3019 EAS----22
    HR 3019 EAS----23
    HR 3019 EAS----24
    HR 3019 EAS----25
    HR 3019 EAS----26
    HR 3019 EAS----27
    HR 3019 EAS----28
    HR 3019 EAS----29
    HR 3019 EAS----30
    HR 3019 EAS----31
    HR 3019 EAS----32
    HR 3019 EAS----33
    HR 3019 EAS----34
    HR 3019 EAS----35
    HR 3019 EAS----36
    HR 3019 EAS----37
    HR 3019 EAS----38
    HR 3019 EAS----39
    HR 3019 EAS----40
    HR 3019 EAS----41
    HR 3019 EAS----42
    HR 3019 EAS----43
    HR 3019 EAS----44
    HR 3019 EAS----45
    HR 3019 EAS----46
    HR 3019 EAS----47
    HR 3019 EAS----48
    HR 3019 EAS----49
    HR 3019 EAS----50
    HR 3019 EAS----51
    HR 3019 EAS----52
    HR 3019 EAS----53
    HR 3019 EAS----54
    HR 3019 EAS----55
    HR 3019 EAS----56
    HR 3019 EAS----57
    HR 3019 EAS----58
    HR 3019 EAS----59
    HR 3019 EAS----60