[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
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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